Can you share the story of how you embarked on your career in law? What initially drew you to corporate commercial law, litigation, and alternate dispute resolution?
The prompt cause of getting into the legal profession is associated with my father who drew my attention towards this profession in my childhood. While I was growing up I witnessed my father working hard while being always surrounded by his clients and juniors, studying case files, researching All India Reporter, and giving dictation to his typist of cases till late at night. I think those were the facts that played a pivotal role in developing my deep interest in the legal profession.
Immediately, after completing my law from Banaras Hindu University, I started practicing Criminal law before the Hon’ble High Court of Allahabad, at Allahabad Bench, and with the grace of God and my mother’s well wishes I soon presented my very first case and secured the desired order in the form of Direction given by the Hon’ble High Court of Allahabad which boosted my confidence as a lawyer and the journey never stopped after that. While I was practicing in Allahabad High Court, I had opportunities to handle a few corporate matters before the Apex Court which made me realize that I needed to explore my practice to other aspects of law which led me to practice in various Delhi Courts where I explored my practice into the Corporate side of law and matters related to Dispute Resolution since these are new in demand in our industry and becoming primary option of corporates.
Your profile reflects an extensive background in various legal domains, from real estate litigation to corporate litigation at the Supreme Court. How did you navigate these diverse areas, and what motivated you to explore such a wide range of legal practices?
What best worked for me as motivation, is my willingness to learn which I have had from my childhood and I still have so much to learn and I am quite sure that learning will take me to a whole new level of my practice. The pursuit of learning and exploring different aspects of the law have kept me open to the matters of other different dimensions in my law practice where I could deal with the various nature of work including corporate matters such as finalizing Tender with government bodies including RFP/RFQ, LOI, Agreement assimilation, Criminal, Civil, RERA, Consumer matters, matrimonial cases, matter of NDPS, ARMS Act, Environmental issues and especially my Pro Bono works for the Labours.
With a core expertise in winning cases for your clients, can you highlight a specific instance or case that you consider a significant achievement in your career so far?
There have been multiple significant cases that I consider as achievements in my career so far in the duration of the last 10 years, however, I would like to share one of my experiences which has been a milestone case for me till present. I once had the chance to represent a husband who was a victim of false charges under section 308 of IPC and was not able to get released on bail for a long time. Wherein I had the opportunity to Argue before the Hon’ble High Court, extensively based on the medical report of the informant elaborating Medical Jurisprudence related to the Court, and successfully secured the release of my client from jail by filing 3rd Bail Application. Another enthralling experience in the journey of my law practice so far has been pro bono cases that I have been doing across the country for construction laborers whose daily wages are illegally kept by their contractors and sometimes by their principal employer.
Balancing legal management, risk analysis, and project delivery across the country is no small feat. How do you manage such a diverse set of responsibilities, especially when it comes to litigation and arbitration for the company?
I have been blessed with Balancing different dimensions of work with the help of my team in different roles and liabilities as per the requirement of the client. Working across the country on various contracts and projects requires not only a better understanding of the task but also a team effort and leadership. I would say, more than an individual, it is always a collective skill of my team who channelize their expertise and capabilities into their assigned task of legal management and risk analysis of various projects.
Reflecting on your journey from the Bar Council enrollment to your current role, how has your education, including LLB from Banaras Hindu University, contributed to your professional growth?
A lawyer’s journey from the Bar Council Enrollment is always a roller coaster and mine as well is no different as it’s been more than a decade that has passed in this journey which has given me millions of experiences, be it better or worse, complex or simple, all it does is adds up value to my profession as more and more I polish myself into this profession. I still remember being a second-generation lawyer. I started practicing law with nothing in my hand and I kept struggling relentlessly for cases but I made it all meaningful when I got my first case. Even at present, I feel bound to give my best ever effort to every single case I represent before the Court. I would say most lawyers would actually agree when I say that what we study as law students in Law Schools is completely different from what we experience in reality but what remains embedded and enclosed to us during our entire professional journey is the spirit of being a lawyer that has brought us to this journey.
Throughout your career, you’ve worked on diverse cases, including real estate litigation and criminal matters. Can you share a challenging experience that provided valuable lessons and shaped your approach as a lawyer?
In a decade’s journey of practicing law, I would say a few cases were challenging to the level that completely impacted my perspective. I had the opportunity to witness the remarkable change in the Consumer Protection Act while experiencing massive real estate exposure with cases against the Supertech Builders which started from NCDRC with only one client as a home buyer and ended up with a huge bulk of them against the builder before the Hon’ble Supreme Court leading the landmark judgment against Supertech.
Another challenging experience I would say was a pro-bono case when I was approached by a poor laborer for a matter of recovery of his daily wages that were maliciously kept on hold by the Contractor. I took on his case but later on, I started receiving requests from a massive group of laborers for the same issue which made me act on their behalf against not only one big-shot company but a lot of reputed construction companies which were beyond my expectation. Then I realized that the labor class needs representation before big companies for their grievances to get resolved by someone prudent at the ground level because not everyone can gather the courage to file a case before the court and contest it. As a lawyer, I deeply felt it is a big challenge for our fraternity to contribute our service to those classes who are important parts of our society and building our houses but are unable to feed their own family because of lack of knowledge and forced hunger on them.
Drawing from your experiences, what advice would you like to give to fresh law graduates aspiring to build successful careers in law, considering the diverse landscape of legal practice and the dynamic nature of the profession?
Considering the diverse landscape of my legal practice, the only advice I would pass on to the fresh law graduates is that along with building their careers in the legal fraternity they must build up their personalities which reflect their smart work and prudency of the legal knowledge along with its better usage in the society.
Could you share your journey into becoming a legal and social work professional, emphasizing how your professional and personal experiences have shaped your path?
My journey into the fusion of law and social work has been intertwined with personal experiences, academic pursuits, and a deep-rooted desire to effect positive change in society. I started my career in 2013, after completing a degree in Law and Post-Graduation in Social Work. Over the last decade I have had the opportunity to work with government organisations, NGOs, private sector organisations and law firms in various capacities which has made my professional journey more meaningful & richer and quintessentially varied from most people in our line of work.
My perspective has been significantly shaped by my parents, who have consistently demonstrated a strong commitment to giving back to society. Witnessing their compassion and advocacy for what is right has deeply influenced my own values and beliefs. Further I always believed and has been quoted by Oprah Winfrey that “the key to realising a dream is to focus not on success but significance, and then even the small steps and little victories along your path will take greater meaning”
Since joining Law Veritas: North in 2021, you’ve independently led the litigation department of the Firm. Share insights based on your personal experience regarding the journey towards attaining professional success.?
I hold the belief that the success of individuals within an organization is directly correlated with the quality of the work environment. Upon joining Law Veritas: North in 2021, I initially had reservations about committing to a law firm, uncertain about exclusively focusing on litigation, especially the one that predominantly dealt with banking and insurance. However, adhering to the notion that nothing happens by chance but rather as preparation for greater things, I embraced the opportunity.
Initially, my decision to work at Law Veritas: North was rooted in logistical convenience. As a new mother, proximity to home was a priority for maintaining flexibility in my professional pursuits. Since joining Law Veritas North, I’ve experienced a work environment that is both challenging and supportive. I’ve received substantial support in achieving my professional goals within the organization, and my mentors have not only acknowledged but also actively promoted and encouraged my specific area of interest. Additionally, the trust and acknowledgment extended to me by my seniors served as a catalyst for improved performance. This, in turn, strengthened my commitment to steering the litigation department towards success.
I also hold the view that passion and authentic interest in one’s work are essential and serve a pivotal role in setting goals and achieving success. Additionally, the continuous refinement of skill sets has become vital in reaching professional goals, particularly in areas such as networking, knowledge enhancement, technological adaptation, effective communication, leadership, initiative, and persistent hard work and dedication.
Managing diverse responsibilities, from civil and criminal litigations to community development initiatives, requires effective balance. How do you navigate these various roles, and what challenges have you encountered?
The process that may appear as navigating between roles actually, feels organic to me. In litigation, being selective about the type of work one engages in can be challenging. Regardless of the nature of the case, every case and every story holds numerous perspectives and untold truths about human life.
Navigating between cases as an advocate presents a multitude of challenges that require careful consideration and adept management. One such challenge lies in the diversity of legal matters an advocate encounters. Each case comes with its unique set of facts, legal intricacies, and client needs. This necessitates a constant need for adapting one’s approach, strategies, and legal arguments to suit the specific nuances of each case. Furthermore, the time constraints imposed by multiple cases can be demanding. Effectively managing and prioritizing cases while ensuring each client receives the necessary attention requires strong organizational and time management skills. Juggling the intricacies of various legal issues, court appearances, and client interactions requires a delicate balance to ensure the best possible outcomes for each case. However, it’s crucial to bear in mind that achieving this balance often involves the collaborative efforts of a team, and success is truly achieved when all members work in harmony.
Additionally, the emotional toll of dealing with diverse and often sensitive legal matters is a substantial challenge. Advocates frequently encounter clients facing distressing situations, and maintaining empathy while remaining professional is crucial. Striking this balance requires emotional resilience and a nuanced understanding of the human aspects intertwined with legal issues. Moreover, staying updated on the evolving legal landscape, precedents, and statutory changes across different areas of law is vital. This continuous learning process ensures that advocates are well-equipped to provide the most effective representation and counsel to their clients.
Beyond the legal realm, your passion lies in advocating for social causes. Could you share a specific initiative or project that is particularly close to your heart, and why?
I have a profound passion for social issues, particularly with respect to child rights, which holds a special place in my heart. To advance this cause, I have actively involved myself in initiatives related to education, child health care, adoption etc. Through my efforts, my aim is to foster a fair and inclusive social environment for children across all segments of society.
What adds to the significance of children for me is their vulnerability and complete dependence on others. Children have the potential to instigate positive change in numerous aspects of life. With appropriate guidance, education, and nurturing, they can evolve into responsible and compassionate individuals, making positive contributions to their communities and the global society. Ensuring their safety and creating a nurturing environment are fundamental societal responsibilities. To echo the words of Kailash Satyarthi, the Nobel Peace Prize laureate, “Every single minute matters, every single child matters, every single childhood matters.”
Can you elaborate on the specific aspects of CSR and adoption that have had a notable impact on your approach and understanding of the legal landscape?
In the realm of Corporate Social Responsibility (CSR), companies often align their practices with legal requirements, recognizing that adherence to laws and regulations is an essential aspect of responsible business conduct.
Furthermore, ensuring compliance with local, national, and international laws becomes imperative for businesses to fulfil their CSR commitments. As they embark on CSR activities, business entities must be cognizant of and adhere to these legal frameworks. The integration of CSR commitments into contractual agreements and legal documents further underscores the connection between CSR and law. For example, companies may incorporate specific clauses related to environmental sustainability, fair labour practices, or community engagement in their contracts. Failure to meet these CSR obligations carries the potential for legal consequences. Therefore, the relationship between CSR and law is intricate, encompassing various facets such as legal compliance, regulatory frameworks, contractual obligations, and the management of legal risks associated with social and environmental impacts. By incorporating CSR into their business practices, companies align themselves with legal expectations, fostering a more responsible and sustainable business environment.
My tenure at the Central Adoption Resource Authority (CARA) provided a structured environment where I consistently prioritized children’s safety and well-being. Managing the entire litigation and legal aspects of inter-country adoptions added an exciting dimension to my role. It exposed me to intricate legal issues, particularly from a foreign policy perspective, and involved collaboration with external affairs agencies and international organizations.
Legal safeguards in adoption extend protections to adopted children, guaranteeing them equivalent rights and privileges to those of biological children. These rights encompass inheritance, medical access, and the entitlement to information about their adoption history, maintaining confidentiality, and more. Moreover, adoption agencies, whether public or private entities globally, are bound by legal regulations. These laws describe licensing prerequisites, ethical standards, and procedures that adoption agencies must adhere to, ensuring the legality and ethical integrity of the adoption process. It is crucial to highlight that the legal procedure extends to post-placement supervision, a measure taken to ascertain the well-being of the child within the adoptive home.
Hence personally these experiences have helped to broaden my overall understanding of various laws, different approaches and strategies involved in the procedure.
In your profile, proficiency in legal technology is mentioned. How do you see the integration of technology impacting the legal profession, and how have you embraced it in your practice?
The fundamental transformation of the legal profession is underway through the integration of technology, giving rise to a wave of innovations that amplify efficiency, precision, and accessibility. This impact extends across multiple aspects of legal practice, including a revolution in legal research, the automation and management of documents, enhanced communication and collaboration, and an increased focus on cybersecurity and data protection. Adapting to this changing technology is an essential need of the hour for professional as personal growth.
You’ve received a scholarship for an international workshop on “End Of Life Care” and have diverse experiences. Can you elaborate on your experience and learning?
At the Summer University in Lausanne, Switzerland, where I was awarded a scholarship, I delved into a comprehensive study of ‘End of Life Care,’ exploring its social, psychological, and legal dimensions. Exposure to this program at the University enlightened me about the rights of individuals facing the end of life, regardless of whether it was due to old age, critical illness, or other reasons. Key topics included diverse legal frameworks, varied end-of-life care practices in different countries, honoring the wishes of the dying, palliative care, socio-psychological support for family members, and the dignified treatment of deceased individuals. These discussions and exchanges not only highlighted the current global health practices and legal considerations but also emphasized the need for a systemic approach in addressing the care of vulnerable individuals, considering the cultural nuances of each country.
With your diverse experiences, what advice do you have for aspiring lawyers and professionals looking to make a positive impact on society through their legal careers?
Addressing ICFAI University, Jharkhand as a Keynote Speaker representing Law Veritas: North in a panel discussion on ‘Advocacy as a Profession: Prospects & Challenges’ on the eve of Advocate’s Day last year, I highlighted advocacy’s pivotal role amid today’s information complexities. Advocates serve as catalysts for change, bringing attention to issues that may otherwise be overlooked or ignored or miscommunicated. The use of legal technology, artificial intelligence, and online platforms can streamline legal research, improve case management, and facilitate communication between advocates and their clients.
In present scenario a whole lot more skills are required to establish yourself like:
Effective Communication skills: Mastering the art of communication is fundamental. It involves not just speaking but also active listening and empathetic understanding.
Creative Problem Solving: In the complex legal world, creative solutions often pave the way for resolving intricate issues. A flexible, innovative approach is invaluable.
Analytical and observational skills- Attention to detail is key. The ability to analyze information critically and observe nuances can significantly impact legal strategies and outcomes.
Reading- Cultivating a habit of continuous learning through reading is invaluable. It not only expands knowledge but also refines approaches to various legal challenges.
Networking- Building professional networks is crucial for success. Collaborations, mentorships, and connections can open doors to opportunities and growth.
Negotiation Skills: The art of negotiation is a powerful tool. It involves finding common ground while advocating for your client’s interests.
My father’s insightful advice resonates deeply,“In this profession, be prepared to work harder than the money you receive.”Hard work, dedication, and a commitment to the cause are vital.
As advocates, our approach to these challenges should embody unwavering determination and resilience. Let us continue to champion the voices advocating for positive change, working together towards a more equitable and just future for all.
Sir, can you share with our listeners how your journey into the field of law began? What inspired you to pursue a career in law, and how did your early experiences shape your decision to become an Advocate on Record?
When I completed my law in the year 2023 I had decided to pursue my career as a lawyer so initially I started my practice from the Lucknow bench of the Allahabad high court in 2003 till 2006. After that in July 2005 I joined the chambers of senior Advocate late Shri R K Jain. To start your career in the field of law one has to have a good senior who acts as a mentor. Learning law is also similar to learning about life. If one has to practice in the Supreme Court, a lot of dedication is required.
Having completed your B.A LL.B (Hons.) from Aligarh Muslim University, could you highlight any specific aspects of your education that you believe significantly contributed to your success as an advocate? What motivated you to enroll in the Bar Council of Uttar Pradesh?
In order to practice law a student has to work on certain subjects such as IPC CPC CrPC, Evidence Act etc but most importantly one has to thoroughly read a newspaper. The law page is the most important. The availability of a large number of cases and overload on judiciary motivated me to enroll in the Bar Council.
You started your practice as an advocate in the High Court of Delhi and the Supreme Court of India. Can you share some memorable experiences from your early years, including the types of cases you handled and any significant challenges you faced?
To practice in Delhi High Court and the Supreme Court one has to be punctual and secondly good command over English language. As per my experience, judges in the Delhi High Court are very cooperative, and empathetic towards young lawyers who are at the learning stage. I have a lot of experience in civil cases because of the interest. The challenges include adapting with the new age technology and striving for perfection with each amendment.
Your profile mentions handling matters in various domains, such as criminal, service, civil, and constitutional law. How did you navigate the diverse legal landscape, and were there specific cases or areas that you found particularly intriguing or challenging?
It is never easy to choose a particular field. In my case, I was fortunate enough to gain experience in diverse types of laws and ultimately, I understood that all of them are equally important. As far as the challenges are concerned, civil law as well as criminal law pose a lot of challenges in college years.
You’ve worked with notable legal figures such as Late Mr. R.K. Jain and Mr. P.C. Hota, as well as with organizations like the Yash Birla Group and Karims Mughlai Foods. How did these collaborations influence your professional growth, and what lessons did you learn from working with such experienced individuals and entities?
All of them have had a great impact on my overall development. Professional growth is a slow and steady process, and it would be wrong to give all the credit to just one organisation. We keep learning through the way. The only lesson that keeps me going is that nothing in life comes easy, irrespective of the field of law chosen.
Your work experience includes associations with companies like Lemon Entertainment Ltd. and Shambhu Technology Services P. Ltd. Could you share insights into how your legal expertise was applied in the corporate context, and what unique challenges did you encounter in these roles?
Corporate law offers a plethora of opportunities. When I started practicing, it was never a goal to become a corporate lawyer. Based on the opportunity, I learned a lot about Contracts and other aspects of corporate law. As such, there have been no unique challenges but deep learning all the while. I then apply the learning in upcoming cases to solve them in a more comprehensive manner.
You’ve appeared in various tribunals, including the Central Administrative Tribunal and National Green Tribunal. How does advocacy in these forums differ from traditional court settings, and what skills do you consider crucial for success in specialized tribunals?
Contrary to popular opinion, the nature of work remains the same. It is just that the tribunals have a more streamlined process and the cases are disposed of quite expeditiously. Critical thinking skills will help in the long run, for people who wish to pursue a career on this path.
Drawing from your experiences and achievements, what advice would you give to law graduates who are just starting their careers? Are there particular principles or strategies that you believe are essential for success in the legal profession?
Everyone has their own fields of interest. My only advice would be to give your 200% in everything, even in petty cases. It will shape you as a lawyer and definitely make you a better thinker. There are no particular principles, since law is not just a subject but a way of life. All law graduates should try to imbibe everything they hear about the latest laws, for a successful career in any aspect.
Can you walk us through your journey and share what led you to pursue a career in law, particularly with a focus on corporate mergers and transactions?
Many decide their career paths while they are about to enter Class 10 in school. While my mind was always inclined to take science and pursue a career in medicine, destiny took me to Accountancy in my 11th and 12th. Blessing in disguise, as it felt that I got into the subject where I belong. So my journey started there. With the preliminary learning of accountancy, I decided to pursue a career in commerce and took admission in B.Com (H) in Delhi University. It was around the end of 2008, where I was still wondering whether it would make sense to do an MBA (like my peers) and move on to joining a bank or a consultancy in finance, but then again I was destined to be introduced to a subject called ‘Corporate Law’ during my 2nd year of B.Com. It was fascinating as I was always keen to learn about companies and their functioning, given that we grew in the era of blooming joint ventures, international tie ups and growth of Indigenous businesses in India. I was intrigued to know how much running a company is driven by accounts and mathematics, and thus, that’s where it all began. I chose to pursue a career in law. However, maybe I wasn’t prepared enough, and I failed my first attempt into Delhi University (Law Faculty) in the entrance exam. It was 2009, peers had found their place and here I was wondering what I should do now. I decided its time to drop a year, work with a financial advisory company and reattempt the Law entrance exam. I joined Law Faculty in 2010 and graduated in 2013 with a degree in B.Com (H) and LL.B. During my student days at the Faculty I continued interning with different law firms in New Delhi, NCR. My most memorable internships were at J. Sagar Associates (my first job). I was given an opportunity to join JSA in August 2013 and I continued working there for a while before I moved onto other law firms such as Shardul Amarchand Mangaldas. My focus area in all these firms was corporate-commercial and I was given an opportunity to assist team members in ongoing live transactions ranging from business transfers, joint ventures, private equity, and other general corporate advisory services. I believe that if I wasn’t given this chance, life would probably have been very different. Thus, if at all I can say that I have gained knowledge in the field of law, the credit truly goes to those seniors who gave me the opportunity to learn. Thus, through this medium I would like to thank Mr. Jyoti Sagar (Chairman and Founder) and Mr. Upendra Nath Sharma (Partner, JSA).
After years of learning from different lawyers and gradually taking steps to lead transactions and advise clients, in 2020 I set up a small law firm – Gadi & Associates (GnA). It was tough and challenging to make this decision but I believe that sometimes as a lawyer you have to take steps that are beyond your comfort zone to ensure that you give the soundest and best legal advice. Thus, while keeping that thought in mind, I took this decision and set up a shop (a table and a chair in my house and a banner on the window). The shop was now open. I have primarily gained experience in corporate law and so my first instinct drew me to help Clients in contractual matters. It’s not uncommon that once you disassociate with bigger brands, Clients take time to get that confidence in you, but I am grateful to my initial clients who had that faith in me and gave me my first assignment.
2020 was the birth year of GnA with a single member team and today I run a law firm with a strength of 25 (all inclusive).
Given your extensive experience with tier 1 law firms and now as the founder of Gadi & Associates, what motivated you to establish your own legal practice in New Delhi?
The key motivation to establish GnA and to take on this journey was to challenge myself in an environment with cut-throat competition. I genuinely feel that every lawyer has his/ her own way of expressing opinions and assisting clients, so one shoe doesn’t fit all. The key was to demonstrate to clients that my style of thinking and my approach to matters is unique and could yield results which they probably wouldn’t expect. While I never discount my learning years, I did feel that it was time to practice in a style and manner as I independently wished to apply, rather than aiming to make a change in the existing set up of other law firms. Having said that, establishing from scratch without any legacy in the industry did throw its own challenges and sometimes made it difficult to work, but I always kept repeating this to myself – ‘Don’t be ashamed if you fail, be ashamed if you fail without trying’. So I kept at it and kept trying. GnA came into existence and grew bigger and bigger in size, with its first office in 2021 and with now a new office in 2023. What back then in 2020 felt would be impossible, started becoming a reality and now is being lived each day with the focus to make other impossibilities a reality. So I can say this with all conviction that it was not easy to start and was surely not easy to continue, but now when I look back I say to myself that it was not that difficult too. My other motivation was to try and bring a different approach to corporate matters. While as counsel we typically work on agreements and assist clients in negotiations, I try to understand the financial modelling behind each transaction or commercial tie up. Definitely I do not give any opinions on accounts but given my background and keen fondness to learn different aspects of accountancy, it helps in understanding and advising best legal resources and positions to have in such matters. Needless to say that a commercial tie up or a strategic alliance are primarily driven by the accounts behind it, so as a commercial lawyer it is our job to understand that relationship and advise accordingly.
You’ve been involved in a variety of high-value transactions, including representing a global private equity fund in a multi-billion-dollar acquisition. Can you share some insights into the challenges and strategies you employed in such a complex deal?
It wouldn’t be fair to give any critical details in the public domain, but it a few aspects that I would like to share are: (i) Commercial Sense – When I got introduced to the transaction I was only trying to figure out in my head the commercial sense behind the matter and if the deal at that particular value made sense. That gave me an opportunity to learn something new that I hadn’t been introduced to earlier, and that was the economic benefit of the future. Many times I have heard people use the phrase ‘does this make any commercial sense’, even by me while discussing the matter with colleagues. However, I did get the answer to this question in a manner that I hadn’t expected. It wasn’t necessary to see the commercial sense of the matter in the present but rather what it would be in the near future or within a period of time being envisaged by the acquirer. While doing the matter, we get involved with the details of the matter but somehow miss seeing the macro approach of the said industry vis-à-vis other industries. So it wasn’t necessary for just this business to grow but to see how it is important for other industries to flourish and grow at the same time to ensure that the growth of this business continues and eventually that commercial sense comes to light. (ii) Due Diligence – If there is something that helps in undertaking transactions or ensuring that a lawyer is doing his/ her job, it is important to take note of the criticality of due diligence. It is not merely a report, but an action item that can change or mould the frame of the transaction. We do hear of different forms of due diligence reports, but at the end the critical aspect is ‘due diligence’. I believe my key learning here was to be a part of the due diligence team and understanding the different forms of compliances and key requirements to put together one list of critical aspects. If there were any findings that showed any legal issues then it is important to also find the recourse to such legal problems and assist in implementing the solution. We did find a few critical legal challenges here as well, but given the experience of the team I was working with, it was easy to help in implementing the correct solution and take the transaction forward. So in a nutshell as a strategy to a transaction, due diligence is key and must be undertaken with great importance.
Your role involves advising multinational companies, startups, and family-run businesses. How do you tailor your approach when dealing with such diverse clients, each with its unique set of challenges and priorities?
Truly, this journey started with GnA. Prior to starting GnA it was mostly assisting large scale companies in their matters including transactions, general corporate advisory, compliance, etc. It is only when I started GnA that I understood the importance of being a ‘Generalist’. While I do say that my key focus area in law is corporate – commercial, I started branching into other aspects of law and advising diversified clientele in a variety of matters. While the category of clients in question still seem to be hinting more on corporate work, in reality it entails a number of legal aspects such as promoter relationship, family lineage planning with succession plans, asset management under different vehicles for betterment of operations, etc. This may also at times include undertaking real estate transactions, preparing wills and settlements and also managing the operations of smaller set ups in terms of division of roles. One key aspect here to note is that it is not limited to operating out of one vehicle for family businesses, our laws give us many ways of undertaking such plans. For instance a division of businesses is not merely to be driven by settlements, it could be that we divide businesses by way of demergers, slump sale, etc., and the meaning behind these transactions are completely different than what we generally do for other corporations. In the case of start ups, it is critical for a lawyer to understand the drive of the promoter(s). As lawyers it is important to understand that a promoter(s) does not generally know about compliance and applicable laws. It is the duty of a lawyer to ensure that the start up business becomes compliant with all laws while ensuring that the Promoter(s) can stay on course with the project that they initiated.
Having assisted in the acquisition of a refractories plant and the fund raise for a logistics company, could you highlight the key considerations and legal intricacies involved in transactions within the manufacturing and logistics sectors?
The former was an asset purchase transaction, different from the typical slump sale transaction. In an asset purchase the key factor is identified: purchase price of the assets and transfer of each individual asset be it a plant, machinery, equipment, land, etc. Frankly, while the entire transaction was similar to any other asset purchase deal, the critical aspect of this deal was the transfer of real estate. This was probably the first time experiencing a transaction with respect to real estate where my involvement was not limited to preparing the definitive document but also to assist the client in the entire registration process. This experience was beneficial and educational as it helped my journey to start working on more real estate transactions and today at GnA we have a full real estate practice where we help with sale, leasing, mortgage and joint development transactions. The latter was a large-scale private equity transaction, where I was a part of the team that represented the company and the promoters. What was critical here was the fact that the business that we represented was becoming the growing need of the ever-evolving logistic sector of the country assisting ecommerce. As I have said earlier that not many times do you get the commercial sense from the transaction itself, but when you apply it with other sectors that are supportive sectors and see the immense opportunity there, you can co-relate as to why this sector would grow too and therefore, investments in such companies became the growing need. Although as a counsel, I did work on the investment document and assisted in the effective transaction closure in a timely manner.
In addition to your transactional work, you’ve also assisted clients in matters relating to disputes. How do you decide to diversify from corporate to litigation?
Well, as I mentioned, GnA was the reason I thought it was best to be a ‘Generalist’. Where I could have decided to remain a part of other firms and continued working only in corporate law, I did choose the other path and started GnA. Given this decision it became even more important to see the world of law in the Court of Law. Thus, it all started with a simple legal notice in the case of an employee dispute. I was approached by one of my existing clients to pursue a case against an employee involved in embezzlement. This was something that in my other organisations I would have passed onto my colleagues, but at GnA I chose to take this up as my very own and moved on with the mandate. As the matter progressed and went on, I started learning this aspect ‘on the job’. It’s been roughly 3.5 years since that first notice and today I engage in large scale dispute matters ranging from arbitration, company law petitions, insolvency matters, recovery matters, etc. In fact, starting a disputes practice gave me a better understanding of how words in a contract could have different meanings in different situations. Therefore, now drafting a contract makes it critical for me to examine each provision/ clause with such combinations that maybe wouldn’t have been the case if I wouldn’t have stepped into the world of litigation. I sincerely believe that each lawyer (corporate or litigation) should gain experience of both worlds as they are complementary in nature and not as alternate professions.
With a wealth of experience, what advice would you give to law graduates aspiring to specialize in corporate law and mergers and acquisitions?
To the aspiring law graduates who wish to enter the field of corporate law whether for M&A, PE, VC or general corporate advisory, it would help if you start from the basics. It is not necessary to know everything about what a transaction entails in your initial years, but you should either find answers to or have the will to ask questions regarding aspects that are introduced to you. In practice, many seniors use terms and abbreviations which any aspiring law graduate/ intern may not understand (the same happened with me), which makes it even more difficult to comprehend the entire discussion which is taking place. Thus, an on-the-job experience makes it even more important to learn such aspects by either spending time to find the answers or questioning the seniors. A senior colleague of mine once said to me ‘sometimes I forget that my junior colleague has not read this in his life’, which basically means that seniors do know that you are new to this world and will take your own time to learn, but it still will demand your full involvement in the matter by being inquisitive and focussed. A great way to get a kickstart in the field of corporate law is by doing internships with corporate law teams of firms that generally undertake transactions. As a law student who still has a couple of years left before he/ she graduates, if you are keen on becoming a corporate lawyer, you should find data about transactions and the partners of firms who undertook those matters and then try and get internships with those partners to ask them questions about the transaction. Having said that, law is a journey that involves never ending learning and every lawyer has something to share for you to learn.
You come from a family with a rich tradition of military service, yet you chose a different path as a lawyer. Can you tell us about the factors that influenced your decision to pursue a legal career, particularly in areas like intellectual property and media law?
Well I didn’t really choose a path of lawyer to be completely honest, life just in a way forced it upon me I believe. In my opinion I am a classic case of ‘Failure by-chance Lawyer’. Allow me to give some context to this. Yes, I do come from a family that has given three generations of Military personnel dating all the way back to my Great-grandfather to serve in the British-Indian Army. Naturally coming from a family where the only thing or people you know are Military personnels, it’s obvious that you would aspire for the same thing yourself.
So right after my graduation in B.com, I gave my CDS (Common-Defence Services) exams cleared that and went on for my SSB (Service Selection Board), and I was so sure that I was going into the Indian Army, but this is where my story changes because I got screened-out i.e. rejected, by the Indian Army. This was all happening in 2013, and after I got rejected by the Indian Army I had no idea what I was supposed to do next because there was never a ‘Plan-B’ in place. Now given my educational background I felt that the only options I had was either pursuing Chartered Accountancy (CA) or going for a Master of Business Administration (MBA), just like what all of my class-mates were doing. Thankfully, and this is something I really pride myself on is that during my B.com, I made some amazing friends one of whom is Shona Jacob, owner and proprietor of the hospitality brand “Love Made Edible” and she advised me to not to go along-with the herd, in-fact I still remember the word till this date that convinced me to be a lawyer which was “You have a very strong command over the English language, You should really thing about pursuing Law as a career”, and that where the idea to become a lawyer came from, by a friendly advice.
Thankfully, my score(s) at the time of graduating B.com were good enough to get me into ILS, Pune, in the three (3) year LLB course. Now, I had no idea what Intellectual Property law was, let alone media law when I got into law school. I had more affinity towards Family-Law and was convinced in 2013 that I would pursue Family-Law as a career, but here again thanks to a friend that was Disha Dewan who was also my batch-mate and daughter of Dr. Mohan Dewan of the Law firm R.K. Dewan & Co., I was introduced to the basic concept of what was Intellectual Property Law. Thankfully, ILS has a pro-discussion culture so my batch was always discussing and debating concepts of law and latest developments, and IPR happened to strike a chord with me primarily because of its fluid nature. While the Statute itself was set, the application and understanding(s) that stems from IP matters are extremely fluid and always subject to interpretation be it Trademark, Copyright, Designs etc, which was made more and more clear to me when I read judgments, specially those from the Delhi High Court. The type of IP Judgments that would come out from Delhi, it was like every day there is a new comment or understanding provided by the Courts in the field of IP. This great big puzzle that was known as Intellectual Property Rights was just so much fun that I knew that this is what I want to specialize in some day, and this speculation got further confirmed when I interned at ITAG, Kolkata and R.K. Dewan & Co.
As to Media Law, well that happened because of curiosity to put it simply. When you start understanding a subject and your basics start to get better, sooner or later you start to look at every area where the application of that subject may come. I had an interest in IPR and I would always wonder what other areas can IP have an impact in, and the immediate conclusion that came to me was ‘Films’. But my transition into Media Law didn’t happen until later in 2019, when Mr. Ameet Naik and Ms. Madhu Gadodia found me and decided to place a gambling bet on me to see whether an IP Specialist could transition over to becoming a Media Lawyer. One has to appreciate the similarities and the dissimilarities between IPR and Media Law, while IPR was fluid, Media Law was completely dynamic and it was always changing, and unlike IPR, Media Law does not have an identified set of law(s), if anything Media Law is more common law and equity based which makes the scope to interpret and apply the law(s) during a media dispute more wide and challenging in my personal opinion. The big puzzle which I was already use to solving in the field of IPR just got substantially bigger the moment I was introduced into Media Law because that ultimately also resulted in me being exposed to and working in matters concerning the laws of Arbitration, White Collar Crime, IT Law etc, it really just broadened my horizons and exposed to so many challenges which has been nothing but fun, frustrating at times, but fun nonetheless.
Transitioning from a Bachelors-in-Commerce to a law degree is quite a shift. What motivated you to make this transition, and how has your commerce background influenced your legal career?
Well I personally don’t think that the transition from B.com to Law was a very big shift for me because, while I was pursuing my B.com we were required to study the erstwhile Company Act 1956 (now 2013) and I was also pursuing an Advanced Diploma in Advertising and Marketing from my college (H.R. College, Mumbai) wherein we were introduced to concepts of “Trade Mark” and “Copyright”. So in a sense there was some minor exposure to subjects of law during my B.com which I think in hindsight did help somewhat. However, pursuing a career in law was definitely not in radar at any point in time while I was pursuing my graduation in B.com.
Funnily enough I think the three elements that motivated me to pursue a career in law and just go all in were “Dumb-Luck”, “Desperation” and “Disaster”, I call this the “3D” elements of my career and by no stretch of imagination is this a bad thing. In fact I believe that the best of things to come are a product of the bad times. For example, getting rejected by the Indian Army was a Disaster for me as I never had a second thought or plan about what I would do in case I never made it into the armed forces. My friends suggesting that I pursue law as a career was pure Dumb-Luck, and because I had no other plans my Desperation to excel at something made sure that law as a career worked for me. But above all else I think the reason why I stayed motivated to make law as a career for myself was because of my parents who never pressured or doubted me at any stage of my life or while I was pursuing law, it really is very important to have a good support system as it definitely makes things some-what easier.
I think for me personally my background in commerce didn’t really kick-in and started helping till I had made a transition into Media Law. The practice of Media Law has a substantial portion fixated on commercial transaction, liabilities and deal structuring. Thankfully because of my background in commercial subjects my ability to understand and cater to client’s whether it’s in financial transactions or disputes, substantially contributes towards the same. This is a personal opinion but I feel any Attorney today practising commercial laws who has a finance or a commerce background does indeed have a minor edge as compared to his/her colleagues who may not have had that type of a training prior to pursuing a career in law.
During your time in law school, you engaged in multiple internships in different cities. How did these internships shape your understanding of the legal profession, and how did they ultimately lead you to your current specialization in IP and media law?
Thankfully I had good seniors in law school with whom I was living with in the Hostel those days, and when you have access to your seniors you can discuss your queries with them and understand what others before you have either done right or wrong. While I was in ILS, Pune we had lectures from 7am to 11am, after that you had a substantial portion of the day left to you to choose what you want to do. I had two very clear options in front of me, either after classes I could participate in extracurricular activities or choose to intern in Pune itself and attend lower court proceedings and gain an understanding as to what is the practical side of the legal career. While both were equally good options, I had already done my fare-share of extra-curricular activities while pursuing my B.com, I wanted to do something different and so I chose the later option and chose to intern at law firms or chambers of practising Advocates while in Pune. During course breaks I would make it a point to intern in a different city which would usually either be Mumbai, Delhi or Kolkata.
I think when I look back during my time when I was interning what set me apart was the fact that I took an initiative. I would make it a point to go up to the Partners and Associates and introduce myself properly and take an active interest in learning about them, this resulted in familiarity which resulted in the team’s to remember me while assigning projects. Now the next part that came was always the most crucial part during my internships which was to always provide good solid work, which meant putting in extra effort than normal, but it’s effort that puts you in a different light than compared to the rest because the moment the Associate’s would take notice of my work or my ability to understand the subject I would always end up getting access to better work and more details from the Associates.
This process not only ultimately led me to get a Pre-Placement Offer (PPO) from R.K. Dewan & Co., but it also framed my way of thinking because I realised that it’s not enough to just work hard, you also need to know how and when to work smart. This same philosophy and work-ethic which I had moulded during my internship days was later on developed and which greatly helped into my professional career and it’s the same thing which also helped me when I transitioned from IP into Media Law. When one thinks about it, internships can be a great way to discover more about yourself at-least that’s what happened for me.
You spent a significant part of your career at R.K. Dewan & Co, where you worked with Dr. Mohan Dewan and Mr. Ameet Deshpande. How did your experiences there, especially in Pune, shape your early career and the skills you developed as a litigator?
Luckily enough I was always offered a repeat internship at R.K. Dewan & Co, during my law school which led to the team knowing me fairly well and they had a good idea as to my capabilities at the time. So when an opening came up in the Litigation Team, Dr. Mohan Dewan was very kind enough to actually ask me if I had any interest in joining them. Now I was sure I wanted to pursue a career in IPR, I just didn’t know at the time whether I would want to be litigator but sometimes in life you just have to take a leap-of-faith, and thankfully this leap-of-faith continues to pay off till date.
Working with Dr. Mohan Dewan and Mr. Ameet Deshpande, was like an introduction to a crash course of two very different subjects at the same time and you had to catch-up really fast in order to keep up with them. Dr. Mohan Dewan is very particular about what may be your concepts and thoughts when understanding a legal matter and he is equally that much invested when you are putting in words to paper. Likewise, Mr. Deshpande was very focused on the proper interpretation and application of the Civil Procedure Code that we would adopt for our litigation matters. My time in Pune and in New Delhi with R.K. Dewan & Co., was just a wealth of knowledge and experience at the time because unlike in Mumbai where there is a Counsel culture, Pune and Delhi do not operate in the same manner. I was responsible for drafting everything from top-to-bottom and I was expected to argue the as-well, I did not have a safety system like we have in Mumbai where experienced Counsels are engaged to assist in achieving the best possible outcome in a matter. It was very much a sink or swim type of situation, and thankfully I had seniors in the form of Dr. Mohan Dewan and Mr. Deshpande who ensured that I would never sink.
I think at the time while this was happening, I was not very appreciative of it but today when I look back how my career trajectory has been till now my entire core structure as a lawyer is substantially contributed to by Dr. Mohan Dewan and Mr. Ameet Deshpande, and how they took the effort to train as Litigators. In-fact its this very same training that has often come to my aid on several occasions when I’m assisting some of the best Arguing Counsels such as Mr. Ashish Kamat, Mr. Mr. Rashmin Khandekar or Ms. Megha Chandra.
You then made a transition to Khaitan & Co in Mumbai, where you worked with Partners in the IP-Litigation team. Could you share some insights into the challenges and learnings you gained during your time there, particularly in terms of working under pressure and delivering results?
My time at Khaitan & Co., was a very interesting and an important milestone in my career I feel. When the opportunity to work with the IP Team in Khaitan & Co, Mumbai, came along I was extremely excited because I got to work with some great partners such as Nishad Nadkarni, Adeesh Nargolkar and Smriti Yadav. All three (3) partners had different styles and diverse range of work, while Nishad had the most litigation matters with him, Adeesh would have technical matters before the IPAB (now dissolved) for trademark rectification or patent cancellations and Smriti would have IP Registration and Prosecution related matters, and the learning was vast and filled with opportunities which the Partners were always willing to provide and accommodate you with.
I think the first challenge I immediately faced was the fact that the Partners in Khaitan would force you to call them by their first name only which was a complete culture shock to me, and a pleasant one to add. In terms of the professional challenges that came my way during the Khaitan & Co, was the fact that I was provided with multiple opportunities to work not just in matters in Mumbai but with teams based in New Delhi and Kolkata as-well. This wide exposure allowed me to understand how each team would function and what were their basic requirements and how best to deliver, as per expectations.
Now naturally working with three Partners and multiple teams in different teams is an amazing exposure that also invites pressure for delivering the best possible outcome in the time-frame allotted. This will at times force an attorney to re-think his/ her usual course of strategy while working. Now pressure is not necessarily a bad thing because oftentimes the right amount of pressure makes one push beyond their standard limits and perform or achieve in a manner which was previously unexplored and which was the same thing that happened to me. Thankfully, I had some really great Reporting Partners, especially Nishad who would always remain calm despite including in those moments when I would make mistakes and he would have the presence of mind to not only let me know where I went wrong but what I could have also done to avoid it.
Your journey led you to Naik Naik & Co, where you transitioned from being an IP lawyer to a media lawyer. What prompted this shift, and how did it broaden your expertise in a wide variety of laws and matters?
I always thought that IP is connected to Media Law as they virtually have the same basic foundation. After spending some time working in IPR I just wanted a new challenge and wanted to try something new. Luckily, at the time Naik Naik & Co’s media Litigation team had an opening and my interview was taken by none other than Mr. Ameet Naik himself, which is very rare because he’s generally not involved in the interview process.
Mr. Naik at this point had the same question as why I would want to transition from IP to Media Law. He understood my reasons for wanting a new set of challenges and wanting to do something different and more than what I was already doing. I think it was the risk-taking factor that perhaps impressed Mr. Naik and Ms. Gadodia, and they were kind enough to offer me a position in Ms. Gadodia’s team.
The moment I was brought into Naik Naik & Co, the initial years had nothing to do with IPR, I was made to attend to matters before the Mumbai-MCA, Co-operative Society Courts, Magistrate Courts for Cheque Dishonour matters, Arbitrations for Media production companies. It was this wide range of work that allowed me to really expand my horizons beyond IPR and learn and work in subjects in which I hadn’t had the opportunity earlier. Every matter that deals with a different subject requires a different style of thinking be it in IPR, Arbitration, IBC, Cheque Dishonour Disputes and it was this exposure provided to me by Naik Naik & Co., and specially due to the faith of Mr. Ameet Naik and Ms. Madhu Gadodia, that I was able to expand my horizons and understanding of the various aspects of law. It’s no secret that work-culture of Naik Naik & Co., of throwing their Associates in the deep end for handling and attending to matters is actually the very thing that makes Naik Naik & Co., Associates so unique because the amount of exposure to work and pressure we withstand is second to none and which results in some of the best Associates getting trained from our firm.
You’ve been involved in some notable cases during your time at Naik Naik & Co. Can you share some key highlights or challenges you encountered while handling cases like Amitabh Bachchan’s Personality Rights John Doe Action or the “The Kerala Story” Pan India Litigation?
I have actually had amazing opportunities to be associated with some of the most unique cases handled by Naik Naik & Co., because of the vision that Mr. Ameet Naik has instilled in us. What most people don’t know is that the Amitabh Bachchan Personality Rights case did not happen over a course of a few days or months. In-fact the groundwork for the suit had begun during the Covid period. It was Mr. Naik who was the one who first understood that the legal framework and judiciary was ready and, in a position, to pass the first Personality Rights-John Doe order, and the only person on whose behalf we who could institute such a case who would be undeniable for this type of an action was Mr. Bachchan. This matter had Mr. Ameet Naik, very much involved with us and we were able to understand his plan of action as to how he wanted this particular case to be framed and what instances of third-party violations had to be highlighted before the Delhi High Court in order to maximise the chances of obtaining the desired result. This matter particularly for me was a great learning experience because not only was I put in a leadership role for attending to this matter but I was also led to understand the key requirements for a John-Doe style action and how important the structuring of a case was.
In contrast to the Amitabh Bachchan Personality Rights case, the Kerala Story matter which saw multiple litigations coming out in different territories in India was hands-on live master class experience on how to get prepared in a Suit in a matter of few minutes. The reason why I say this is because Media Law litigation is extremely volatile and dynamic and a Media Disputes Attorney will have a very short time to prepare for a case, usually just one day before the date of hearing because for some reason people just love filing last minute actions, but the Kerala Story litigation was just another level itself. In this matter I got personally see Mr. Ameet Naik argue the matter before the Kerala High Court (via VC) and before the Supreme Court before the CJI, what’s also unique is that while these matters were happening we were also getting notifications of multiple litigation proceedings being instituted in different High Courts in different States. All of these matters were just beautifully steered and handled by Mr. Naik and Ms. Gadodia, in which I had a front row seat to be involved and learn from the best, which has immensely contributed to my understanding and growth as a lawyer.
As someone who has progressed in the legal profession and gained recognition for your work, what advice would you offer to fresh law graduates who are just beginning their legal careers?
When I was starting my career as an IP Specialist in R.K. Dewan & Co., a lot of people shared their opinions with me on how starting your career in a specialization in a particular field as a very bad idea and how I would never get to learn enough. Then when I made the decision to transition from IPR into Media Law, I had to again hear the opinions of people who suggested that after having gained a specialization I would not be able to cope-up and work in general law. Both opinions, while valid, turned out to be wrong because I was able to prove that they don’t apply to me.
The reason why I share the above is because if there is a law student out there or a fresh graduate and if you are feeling the pressure of doing something safe or tried and tested then they should know that they don’t have to bend according to these so-called pundits’ opinions. No one can measure your ability or know the extent of your affinity towards a subject better than you alone. Have faith in yourself and be bold enough to take a risk with your career. There are no conventional or unconventional paths to take in law or in life, you are walking your own path alone and you alone can decide where you want it to lead you.
On that note let me leave you with Steve Job’s quote stated in 2005 during the Stanford commencement address “Stay Hungry, Stay Foolish”.
Can you please share your journey from obtaining a B.A., LL.B (Hons.) degree at National Law University, Delhi, to becoming an Advocate-on-record at the Supreme Court of India? What motivated you to pursue a career in law?
There were no lawyers in my immediate family, in fact I grew up in the beautiful city of Bhopal which despite being the capital doesn’t even have a High Court. I took mathematics and science and it was only in my senior secondary year that law as a profession attracted me. It was my English teacher who saw my potential in law and suggested that I take it up as a profession. At that time little did I know that it would change my perspective towards society completely and give my life a deeper meaning and purpose.
I loved every bit of my time at National Law University, Delhi, it ignited a sincere passion towards law and people here were smart in so many different ways and fields. At NLU, Delhi, I was busy doing assignments, research work, internships, Moot Courts, Mediation & publishing articles. I had no clue that 5 years went by so quickly. I enjoyed mooting, I guess it came naturally to me, it gave my exposure at international level at Jakarta (Indonesia), Malaysia and Cape Town (South Africa). I was part of the Moot Court Organizing Committee and also Convener of the Student Welfare Committee at NLU, Delhi. When I graduated with a degree in law I was selected in western universities with partial scholarship & fee waiver and also at Indian Law Institute, Delhi for LLM (1 year program) but I chose to start practicing law and learn in the chamber and before the Courts.
Becoming an Advocate-on-Record was a necessity for me being a first generation advocate practicing at the Supreme Court. It was with God’s grace and years of chamber practice that I was able to attain this milestone in my very first attempt despite the challenges that came along with the way. When I cleared the AOR exam, Coronavirus (COVID-19) Pandemic was already here and that gave me an opportunity to pursue a master’s degree in law. I did my LLM in constitutional law and administrative law during that period. It motivates me that as advocates not only we contribute in the justice delivery system but also keep the faith of the masses in our wonderful system & constitution, despite the challenges, flaws and adversities.
You’ve had a diverse range of experiences in different legal chambers and roles. How didthese experiences shape your understanding of the legal profession, and what valuablelessons did you learn during this time?
In my final year of law school while interning at the office of Sr. Adv. Sidharth Luthra I realized that litigation at the Supreme Court of India is my calling. After enrolling as an advocate I joined the chamber of Sr. Adv. Rebecca M. John where I got an opportunity to work on leading criminal cases including cases involving heinous crimes, CBI trials, trap & disproportionate asset cases and many more. This gave me hands-on experience of addressing the court & arguing, drafting and filing, observing examination in chief & conducting cross-examinations and also further enhanced my court craft. After a year, I joined the Chambers of Sr. Adv. Gopal Subramanium, where I assisted him in variety of matters before the Hon’ble Supreme Court of India & other High Courts. Sir, dealt with various issues such as constitutional matters, writs, challenging varies of Acts, election petitions, criminal appeals, opinion on Delhi as State or Union territory, tender and mining cases, intellectual property matters & so on.
During this time as a chamber junior I learnt a lot about the legal profession, most importantly how to approach any case, how to extract facts and not only to simplify the most difficult situations/ facts/ documents but also to present it in a manner which is easy and effective to understand. Understanding of law is only one part of practice of law, its application on given facts as they come from the lower court, after various testimonies of witnesses and their cross examinations is not the same thing. It is only when you apply yourself to the given factual matrix and understanding of law, that you can unravel the truth and get justice for your client(s). Above all, never compromise with your professional ethics and morals. Give yourself a little grace, don’t have unrealistic expectations or look for magic to happen overnight, give it time. It takes years and its own time so just be honest, humble and diligent with your work and don’t lose patience or hope.
Could you tell us more about your interest in these specialized areas of criminal law,original suits before the Supreme Court of India (Suits between states) & river waterdisputes and how they have influenced your legal practice?
Criminal jurisprudence and penal law always fascinated me, perhaps it was the small town factor along with the media reporting where news reports covered major financial & heinous crimes regularly. They also covered interesting arguments of the lawyers appearing in those cases and opinions on its impact in general. Every student of law knows that bail is the rule and jail is an exception. There are so many cases where courts have emphasized bail should be granted, even recently by order dated 30.07.2023 in MD. Asfak Alam v. the state of Jharkhand & Anr. The Hon’ble Supreme Court reiterated the directions issued earlier and as well as other directions to emphasize unnecessary arrest should not be made & bail should be granted especially in cases where punishment is less than seven years. Thus given the grim situation we have there is so much one can contribute in the field of criminal law & more importantly I feel fortunate that I can actually help people get justice and live a life outside prison.
It is very important to resolve disputes that arise between states/ union & states for the integrity of our country. It is not only the government which is at stake here but also lives, peace and prosperity. When the suit is between two states which are equally independent and part of the same constitutional framework, the suit is instituted at the Supreme Court of India which has to find a solution and pass a decree. Similarly a life & prosperity depends on the river water availability and this gives rise to disputes where the upper riparian doesn’t provide the water to the lower riparian state. Such disputes are heard before the River Water Disputes Tribunal and where the claims of the states are heard and their shares are determined. They also lead to Original Suits for enforcement of agreements, power distribution, for seeking mandatory injunctions and for control & administration between the States &/ or Union. Both these areas have significantly influenced my practice as on one hand there are criminal cases and suffering of the individuals waiting for justice and to come out of prison and on the other hand issues that will affect millions of people in different states.
As a practicing lawyer, you’ve represented clients in various matters before the SupremeCourt of India and other high courts. Could you share a memorable or challengingexperience that had a significant impact on you and your career?
Early in profession I was approached to file a bail application, where client was arrested for the offence of rape. This one stands out in particular because I was able to get the client out on bail in one day from the lower court itself. We were able to establish that this woman was not only married to someone else and seeking settlement from her present husband but in the last 2 years she had filed over 5 complaints in different police station against different individuals alleging rape on the ground of false promise of marriage. Eventually case was quashed by the Hon’ble High Court. While I was legal advisor at National Commission for Scheduled Tribes, I came across this case where a tribal women was raped and police was not even ready to take her complaint, much less the registration of an FIR. This case touched me because it made me realize that despite 75 years of independence our forces are still in colonial hangover, where the station head officer feels he is the king & his word in the law. There is no audience for the downtrodden in his police station. With commission intervention police became active, FIR was registered and investigation was done, commission also recommended stern action against the erring police officials. In another case, I have a decree in my clients favor passed by the Hon’ble Supreme Court almost two decades ago but looking into the sensitivity of the matter and the geo-political implications, the Hon’ble Court was pleased to direct the central Government to play an active role to mediate the matter. This matter highlights the importance of mediation as all levels and parties should consider it not to complete the formality but put in real effort to resolve the dispute.
In your experience, what are the key skills and qualities that a successful lawyer shouldpossess, especially for those who aspire to practice at the highest levels, like the SupremeCourt?
Lawyer should be hard working and honest to begin with, he should be ready to put in the analytical abilities and also the hours required to complete the draft or prepare the arguments. He must be consistent and diligent, each and every case must be prepared very carefully, and detailed legal research should be carried out on the subject, not only he should go through the latest judgments but also how law has developed over the years on the concerned issue. Lawyer must have good analytical ability, he should be able to extract facts, information from the factual details & complex documents provided by the client, testimonies of the witnesses. Attention to detail is very important for any lawyer for instance any inconsistencies during the cross examination must be caught on the spot. Whether it’s the witness testimony or the inconsistency in the documents, attention to detail can save your day and present surprises in the middle of a hearing. Other important skills include, time management, keeping your documents organized (even on the electronic devices as a lawyer one must keep documents and files up to date & organized), legal writing skills as not only oral arguments but also petitions/ applications/ written submissions have to be simple to understand and yet very persuasive and lastly interpersonal skills as lawyers have to interact with clients and other professionals on regular basis.
You mentioned providing free legal advice to the underprivileged through a Legal Helpline.Can you share the importance of pro bono work in the legal profession, and how can younglawyers get involved in such initiatives?
It is very important that we give back to the society we live in. It is even more important for a lawyer to do so because we form part of this privileged and noble profession, where we understand not only the rights and duties but also the general state of affairs in the country. We can see when the law is wrong, when it will not stand in court of law and when it is being misused thus it is our responsibility to take action and help those who cannot afford to fight their own legal battles. Many times people are not even aware that legal aid is available in the courts and if someone tells them able the procedure of getting legal aid or where the office for legal services are situated, that in itself a huge help for them. A young lawyer may have difficulty taking up the case pro bono due to the financial incapacity and lack of experience but he can provide his opinion and also guide the person / fill the application for getting legal aid, which will enable the needy to get assistance and representation from the concerned legal services authority.
Finally, what advice would you give to recent law graduates who are just starting theirlegal careers? What lessons have you learned along the way that you believe would bevaluable for them as they embark on their own journeys in law?
Be patient and take your time to decide how you want to serve, look for your calling. Whether you want to litigate or be a judge, teach law and become a professor, join the civil services or a law firm or a corporate house. In litigation, first look for a mentor, a chamber where you will unlearn the bookish knowledge and learn the practice of law. It is under the able guidance of your senior that one honed their skills, collects the tools necessary for future cases. Be prepared to be a student of law for all your life, develop a habit of reading daily, not just law but also other subjects. Be through with the research and apply your mind, be analytical and work on your legal writing skills. In any chamber first way to prove your ability and to bind trust and credibility with your senior is through in depth research (not just reading of headnotes, but developing habit of reading the cases & commentaries cover to cover) and by legal writing skills reflected through the drafts. Don’t be scared of working long hours and working hard but at the same time manage your time wisely to ensure no clients suffer because of you. Lastly, enjoy the journey in law, you have a long way to go.
You started your career teaching German and later ventured into the world of finance and law. Can you share the pivotal moments that led you to this diverse career path?
“My career path is a tapestry of diverse experiences, woven together by a passion for continuous learning and a relentless drive to excel.”
“From the classrooms of language instruction to the high-stakes world of finance and law, my journey has been marked by pivotal moments that have deepened my understanding of diverse fields.”
“I transitioned from shaping minds through language instruction to shaping financial futures, where I learned that every success story is a testament to the power of knowledge and dedication.”
“The financial and legal sectors exposed me to the complexities of the modern world, where I realized that my ability to help people extended beyond language and education.”
“My journey underscores the importance of adaptability and seizing opportunities that align with one’s core values and a commitment to making a meaningful impact.”
“Teaching German and guiding students was the foundation of my career, but my foray into finance and law was the bridge that allowed me to connect with people on a deeper level, addressing their financial and legal needs.”
“In the world of finance and law, I discovered that my background in education was not a departure but a valuable foundation for effective communication, problem-solving, and client advocacy.”
During this period, I honed my skills and managed investment portfolios for high-net-worth clients globally. The corporate banking and insurance industry taught me the value of customer-centricity, and I climbed the career ladder with eight consecutive promotions, earning numerous accolades and certifications. Being recognized among the top 10 managers in the entire Delhi region was a significant milestone.
“My diverse career path has taught me that success is not confined to a single field; it is a reflection of one’s ability to adapt, learn, and embrace new challenges with enthusiasm.”
However, a pivotal moment occurred when I encountered a distressed client who had fallen victim to insurance fraud. This incident awakened my desire to help individuals facing white-collar crimes and misconduct. It led me to transition into the field of law and join my father’s law firm, where I could provide legal aid and support to those in need.
In summary, my diverse career path is a culmination of my experiences in teaching, entrepreneurship, finance, and law. Each phase has contributed to my growth and shaped my commitment to making a positive impact on people’s lives. My journey has been guided by a passion for learning, a desire to help others, and a drive to excel in diverse fields, ultimately leading me to where I am today.”
There was a significant turning point when you helped a client recover a substantial sum from fraudulent insurance policies. What was the most challenging aspect of this case, and how did it inspire your interest in legal aid for white-collar crimes?
“The turning point in my career occurred during a profoundly challenging case where I assisted a client in recovering a substantial sum from fraudulent insurance policies. This experience not only tested my problem-solving abilities but also ignited my passion for providing legal aid in the realm of white-collar crimes.
The most challenging aspect of this case was uncovering the extensive web of deception that had ensnared my client. He had fallen victim to individuals who had impersonated IRDA management Officials, engaging in misconduct and selling fraudulent insurance policies with false promises of bonuses and RBI Bonds worth a staggering amount.
What made this case particularly daunting was the sheer magnitude of the deception – my client carried a trolley bag filled with 167 insurance policy bonds from over 10 insurance companies, totalling a premium amount of 3.8 Crores. It was a complex and overwhelming situation.
As I delved deeper into the case, I realized the depth of despair that had befallen my client and many others who had been similarly deceived. He had even attempted suicide, which added an emotional layer to the already intricate legal aspects of the case.
The process of uncovering the fraud and assisting my client in recovering his investments was an arduous journey that required meticulous research, legal expertise, and unwavering dedication. I worked tirelessly for over six months, tirelessly navigating the intricacies of the insurance industry, and coordinating with various insurance companies to secure the refunds. Ultimately, 159 out of 167 policies were successfully refunded, amounting to 3.54 Crores. Witnessing my client’s relief and gratitude was an incredibly rewarding moment in my career.
This experience profoundly affected me and kindled a deep-seated desire to assist individuals facing white-collar crimes, where unsuspecting victims often suffer substantial losses. It made me acutely aware of the prevalence of such crimes in India and the need for legal professionals to step forward and provide support.
This case became a pivotal moment that guided me towards transitioning into the field of law, ultimately leading me to join my father’s law firm. It underscored the importance of legal advocacy and the critical role that lawyers can play in safeguarding the rights and interests of individuals in the face of financial misconduct and fraud. My commitment to this cause has only grown stronger since, and it continues to drive my dedication to providing legal aid and support to those in need, particularly in the realm of white-collar crimes.”
Joining your father’s law firm was a significant step in your career. What did you find most rewarding about working in a family law firm, and how did it influence your perspective on legal practice?
“In addition to serving our existing clients at my father’s law firm, I set out on a mission to elevate our practice into one of Delhi’s Top 20 law firms. To achieve this, I took a proactive approach by tapping into my extensive network of old clients from my prior career in banking and insurance.
I recognized that these clients could benefit from comprehensive legal support, so I offered pro bono assistance tailored to their specific needs. Initially, many approached me with banking and insurance disputes, given my background in the industry. However, as word of our firm’s capabilities spread, our caseload expanded to encompass corporate, civil and criminal matters.
Each day brought new challenges and opportunities for growth. I embraced this learning curve wholeheartedly, continuously improving my legal skills. This dedication allowed me to provide efficient and effective legal solutions to my clients, ensuring their legal issues were addressed promptly and comprehensively.”
This showcases your proactive approach, commitment to growth, and adaptability in expanding your law firm’s practice areas.
You mentioned pursuing international law certifications, including the IBMI program in Berlin. How has your international legal education shaped your approach to commercial and corporate law, especially in the Indian context?
“Pursuing international law certifications, such as the IBMI program in Berlin, has significantly influenced my approach to commercial and corporate law, particularly in the context of India. It provided me with a global perspective and a deeper understanding of the interconnectedness of legal systems, which has been extremely valuable in my legal practice.
Broader Perspective: International legal education exposed me to a wide range of legal frameworks, practices, and case studies from around the world. This broader perspective has allowed me to approach commercial and corporate law in India with a more open mind, integrating international best practices and innovative solutions into my strategies.
Cross-Border Transactions: Understanding international law is essential in today’s globalized business landscape. It has equipped me to handle cross-border transactions more effectively, facilitating smoother negotiations and compliance with international regulations. This is particularly important as Indian businesses increasingly engage in global trade and investments.
Legal Innovation: International legal education emphasized the importance of legal innovation and staying updated with evolving legal trends and technologies. This mindset has encouraged me to adopt innovative approaches and leverage technology in the Indian legal context, enhancing efficiency and client service.
Adaptability: International legal education has taught me the importance of adaptability in the face of rapidly changing global legal dynamics. In the Indian context, where laws and regulations can evolve swiftly, this adaptability is a crucial asset for both clients and legal practitioners.
Diversity and Inclusivity: It has also deepened my appreciation for diversity and inclusivity in legal practice. Recognizing the multicultural aspects of international law has made me more attuned to the diverse needs and perspectives of clients in India, helping me provide more comprehensive and tailored legal advice.
In summary, my international legal education has not only enriched my understanding of commercial and corporate law but also empowered me to offer more comprehensive and globally informed legal solutions to clients in the Indian context. It has broadened my horizons, encouraged innovation, and fostered adaptability, all of which have proven to be invaluable assets in my legal practice.”
Conflict Resolution: International legal education emphasized various methods of conflict resolution, including arbitration and mediation, which have become increasingly relevant in India’s corporate landscape. These alternative dispute resolution mechanisms have allowed me to guide clients towards quicker and cost-effective resolutions.
Global Compliance Standards: International certifications have made me well-versed in global compliance standards and regulations, which I can apply to ensure that Indian companies adhere to international norms, enhancing their reputation and global competitiveness.
Cross-Cultural Communication: Dealing with international legal matters has honed my cross-cultural communication skills. This proficiency is beneficial when representing Indian clients in negotiations or transactions involving foreign counterparts, where effective communication can be a key factor in achieving successful outcomes.
International Networking: My international legal education has expanded my professional network across borders. These connections have proven valuable for collaborating with legal experts from different jurisdictions, allowing me to provide comprehensive advice when clients have multi-jurisdictional legal needs.
Risk Assessment: Understanding international legal frameworks has equipped me with a nuanced approach to risk assessment. I can better identify potential risks and opportunities for Indian businesses operating globally, aiding them in making informed decisions.
Legal Research and Comparative Analysis: International legal education has enhanced my skills in legal research and comparative analysis. This proficiency enables me to stay updated with global legal developments and apply relevant international precedents and case studies to Indian legal scenarios.
Adherence to Ethical Standards: International legal education underscores the importance of ethical standards and professional conduct, which I have integrated into my practice in India. Upholding these principles ensures that clients receive not only legally sound advice but also ethical guidance.
As the Managing Partner at PRAXOUS DE LEGAL LAW FIRM, you oversee a wide range of legal services. Can you highlight some of the most challenging and rewarding cases or projects you’ve worked on in recent years?
In recent years, my role as a Legal Counsel and Retainer for prominent Indian and international corporations has provided me with the unique opportunity to represent clients in a variety of legal settings. I’ve had the privilege of appearing in District Courts across seven to eight different states in India and have also presented cases in the High Courts of eight Indian states, including Delhi, Bombay, Allahabad, Karnataka, Rajasthan, Madhya Pradesh, Punjab & Haryana, and Uttarakhand. These experiences have allowed me to serve my corporate clients effectively and meet the legal needs of international clients with branches in India.
“As the Managing Partner at PRAXOUS DE LEGAL LAW FIRM, I have had the privilege of overseeing a diverse portfolio of legal services. In recent years, several cases and projects have stood out as both challenging and profoundly rewarding. I won’t be able to disclose the names of the cases but allow me to highlight a few of these significant experiences:
Complex Cross-Border Merger: One of the most challenging and rewarding cases involved facilitating a complex cross-border merger between an Indian company and a multinational corporation. Navigating the intricate web of international regulations, compliance, and negotiations required a meticulous approach. Successfully closing this merger not only demonstrated our firm’s proficiency in international corporate law but also contributed to fostering foreign investments in India.
High-Stakes Litigation: We recently took on a high-stakes litigation case representing a client facing a multi-million-dollar dispute. The intricate legal complexities and the pressure of the substantial financial stakes made this a challenging undertaking. However, achieving a favourable resolution for our client was immensely rewarding, reinforcing the significance of thorough legal research, strategic planning, and advocacy.
Intellectual Property Rights Protection: Protecting the intellectual property rights of an innovative Indian startup in the technology sector posed a unique set of challenges. We successfully navigated patent and trademark issues, both in India and internationally, securing our client’s innovative ideas and products. This case highlighted the crucial role that intellectual property plays in modern businesses and the importance of safeguarding these assets.
Pro Bono Advocacy: Beyond corporate cases, our firm is committed to pro bono work, and one of the most rewarding experiences involved providing legal support to an underprivileged community facing land disputes. Our efforts resulted in securing land rights for numerous families, providing them with a sense of security and a place to call home. This case exemplified the profound impact that legal advocacy can have on marginalized communities.
Cybersecurity and Data Privacy Compliance: With the growing emphasis on data privacy, we embarked on a challenging project involving cybersecurity and data privacy compliance for a multinational corporation operating in India. Crafting a comprehensive compliance framework that adhered to global standards while meeting local legal requirements was a noteworthy accomplishment. It reinforced our commitment to staying ahead of evolving legal landscapes.
Criminal Litigation – Delhi Riots 2020 Case: We undertook a complex criminal litigation case related to the Delhi Riots in 2020, representing individuals Hindu Community Individuals. The case required a deep understanding of criminal law and a meticulous examination of evidence. Successfully representing our clients and ensuring a fair legal process in such a high-profile case was both challenging and deeply significant. “The trial is currently ongoing.”
In conclusion, overseeing a wide range of legal services at PRAXOUS DE LEGAL LAW FIRM has allowed me to engage in diverse and complex cases and projects. While each case presented its own unique challenges, the satisfaction of achieving successful outcomes for our clients reaffirms our dedication to delivering exceptional legal services and making a positive impact in the legal landscape.”
You have a strong background in various industries, including insurance, insurtech, blockchain, and more. What industry trends or developments are you currently excited about, and how do they intersect with your legal practice? Please answer by primarily focusing on Insurtech and Insurance and technology driven companies like gaming , blockchain, ai integrated companies for data privacy and copyright legal assistance.
“I am genuinely excited about several industry trends and developments, especially in the realms of Banking, Insurtech, insurance, and technology-driven sectors like gaming, blockchain, and AI-integrated companies. These trends intersect closely with my legal practice and present both challenges and opportunities:
1. Insurtech Revolution: The Insurtech landscape is undergoing a remarkable transformation. Technology-driven innovations, such as AI-powered underwriting, IoT-based risk assessment, and blockchain for smart contracts, are reshaping the insurance industry. As a legal practitioner, I find this trend particularly intriguing because it necessitates a thorough understanding of emerging regulations and compliance in the insurance and technology sectors. My role involves helping clients navigate this evolving regulatory landscape, ensuring they harness the full potential of Insurtech while remaining compliant.
2. Gaming and Intellectual Property: The gaming industry continues to experience exponential growth, driven by advancements in virtual reality, augmented reality, and esports. Protecting intellectual property and copyright has become paramount in this sector. I find it fascinating to assist gaming companies in safeguarding their creative content, trademarks, and patents. This entails staying abreast of international copyright laws and advocating for our clients’ rights in a rapidly evolving digital landscape.
3. Blockchain and Data Privacy: Blockchain technology holds immense promise, not only in finance but also in areas like supply chain management, healthcare, and digital identity. My legal practice aligns with blockchain’s intersection with data privacy. Ensuring compliance with data protection regulations while leveraging the transparency and security of blockchain is a complex yet exciting challenge. I work closely with clients to establish robust data privacy protocols in their blockchain implementations.
4. AI and Data Protection: Companies integrating AI into their operations generate vast amounts of data, raising critical data privacy concerns. The evolving landscape of AI and data privacy laws requires continuous vigilance. My legal practice focuses on helping businesses strike a balance between harnessing AI’s potential and safeguarding the privacy of individuals, ensuring compliance with regulations such as GDPR and CCPA.
5. Evolving Regulatory Landscape: The constantly changing regulatory environment is a significant trend across these industries. Staying updated with new laws and regulations, both in India and internationally, is crucial. As a legal practitioner, I ensure my clients remain compliant while taking advantage of these trends.
6. Cybersecurity Challenges: With the increasing digitization of businesses, cybersecurity has become paramount. Technology-driven companies face continuous threats, and ensuring data protection and cybersecurity measures are up to par is an ongoing concern. My role involves advising clients on robust cybersecurity strategies and legal compliance to safeguard sensitive information.
7. Global Expansion: Many technology-driven companies aspire to expand globally. Navigating international laws and regulations, trade agreements, and intellectual property rights becomes essential. My legal practice supports these ambitions, providing guidance on international business operations and regulatory compliance.
8. Digital Transformation: As companies embrace digital transformation, they often require assistance in drafting and negotiating contracts, ensuring compliance with digital laws, and protecting their digital assets. I specialize in helping clients navigate the legal intricacies of digital transformation.
9. Environmental, Social, and Governance (ESG) Focus: In recent years, there has been a growing emphasis on ESG factors in corporate governance. Technology-driven companies are no exception. I assist clients in aligning their practices with ESG principles, which can enhance their reputation, reduce risk, and attract socially responsible investors.
10. Dispute Resolution in the Digital Age: With technology playing a significant role in business operations, disputes and litigation often involve complex digital evidence. I specialize in helping clients resolve disputes efficiently and effectively in this digital age, including e-discovery and digital forensics.
In summary, these industry trends and developments intersect with my legal practice in various ways, from regulatory compliance and data privacy to intellectual property protection and global expansion strategies. My role is to provide legal counsel that empowers businesses to navigate these trends successfully while adhering to the highest ethical and legal standards but also to act as a strategic partner, helping clients navigate the evolving regulatory environment, mitigate risks, and seize opportunities. I’m excited to be at the forefront of these transformative trends, offering legal solutions that empower businesses to innovate responsibly and ethically in an increasingly technology-driven world.”
With your diverse career journey, what advice would you give to fresh law graduates who are just starting out in their respective fields, especially those who might be considering multiple career paths like you did?
“To the aspiring law graduates just setting foot in the legal profession, especially those who are contemplating diverse career paths, I offer the following guidance based on my own diverse experiences:
Master the Fundamentals: Start by building a strong foundation in core legal principles and practices. Solid legal knowledge is your bedrock and will serve you well regardless of your chosen path.
Pursue Passion and Purpose: Law is a versatile field, and there are numerous specializations and niches to explore. Choose a legal path that aligns with your passions and values. When you’re genuinely interested in your work, it becomes a source of motivation and satisfaction.
Stay Adaptable: The legal landscape is dynamic. Be open to exploring different areas of law, as well as adjacent fields that intersect with law, such as compliance, consulting, or alternative dispute resolution. Adaptability is key to a successful legal career.
Network Actively: Building a professional network is essential. Attend legal seminars, join bar associations, and connect with experienced legal practitioners. Networking can open doors to valuable opportunities and mentorship.
Mentorship Matters: Seek out mentors who have navigated various legal career paths. They can provide insights, guidance, and help you make informed decisions about your career journey.
Continual Learning: The legal profession demands ongoing learning. Stay updated with legal developments, attend workshops, and consider pursuing specialized certifications or advanced degrees to enhance your expertise.
Embrace Technology: Technology is rapidly changing the legal landscape. Familiarize yourself with legal tech tools and platforms that can streamline your work and improve efficiency.
Ethical Integrity: Uphold the highest ethical standards in all your legal endeavours. Trust and integrity are the cornerstones of a successful legal career.
Persistence Pays Off: Building a rewarding legal career may take time. Be patient, and don’t be discouraged by initial setbacks. Each experience, whether positive or challenging, contributes to your growth.
Diversify Experience: Don’t limit yourself to one type of legal practice. Explore different aspects of law, such as litigation, corporate law, or public interest law. Diverse experiences will make you a more versatile and well-rounded legal professional.
Consider the Bigger Picture: Beyond legal expertise, develop skills in communication, negotiation, and problem-solving. These skills are invaluable in any legal role.
Stay Inquisitive: Be curious and inquisitive. Ask questions, seek out novel solutions, and be open to unconventional approaches to legal challenges.
In summary, the legal profession offers a vast array of opportunities, and your career journey can be as unique as you are. Embrace the journey, remain adaptable, and never stop learning. By combining passion, purpose, and a commitment to excellence, you can build a fulfilling legal career that aligns with your aspirations and values.”
Can you share with us the journey that led you to become a lawyer and eventually specialize in practising in the Supreme Court of India?
I come from a family of Lawyers, my grandfather, Late Shri Hari Shankar Singh, and my father Late Shri Rajendra Prasad Singh were eminent Advocates at Varanasi. Since childhood, I loved the environment at my ancestral chamber, and that’s what inspired me to pursue law.
The Chamber or the Office Area is in the front portion of our bungalow. Each day at our chamber was very eventful. There were thousands of law books and files, 10-15 lawyers, 4-5 clerks and 50-60 clients at any time. The Clients who used to visit were from various socio-economic strata, ranging from the poorest of the poor to the Rulers of erstwhile Princely States.
Unfortunately, my grandfather passed away when I was barely 2 years old, so I have faint memories of him. But I heard a lot about him. He was an alumnus of the first batch of LLB at Banaras Hindu University. He died in 1967 of a heart attack, around midnight, at that time he was amidst his files and books.
I was fortunate enough to get the opportunity to learn from my father. He sat in the centre of a large hall, along with my uncles and other advocates and clerks who used to work in our chamber. The walls of the large hall were covered with bookshelves and file racks. The hall always used to be filled with clients. And many clients used to sit outside in the waiting area until their turn came. His table had a fountain pen and an inkwell, and plies of journals and files. Even on festivals such as Diwali, my father used to read the law journals.
My father and grandfather were known for their exceptional legal acumen, compassionate nature, and their unwavering dedication to helping the underprivileged access justice. No client was returned for their inability to pay fees. In fact, I remember that it was a regular feature that my father used to give money to those clients who did not have money for the bus fare to return home.
The clerks at our chamber were very intriguing personalities in themselves; and left a lasting imprint on my mind. For instance, Munshi Nawal Kishore Lal Srivastava was as learned as a barrister. He had a command over several languages including English, Hindi, Persian, Urdu, and Sanskrit. He used to read law journals and made meaningful contributions to conferences. He hailed from Bhadani-Assi, Kashi (Varanasi), the area where Goswami Tulsi Das had authored Shri Ramcharitmanas.
My Uncles, Late Shri Surendra Narayan Singh and Late Shri Keshav Prasad Singh practised at the Allahabad High Court. Later on, both of them were elevated as Judges of the Allahabad High Court.
Since I grew up in such an environment, I developed a keen interest towards law and was able to appreciate the legal profession and its noble character. Thus, I decided to pursue law.
My uncle Late Justice Keshav Prasad Singh had asked me to start my practise from the Supreme Court since no one from our family practised there. Adhering to his advice, I came to Delhi in 1990 to start my practice at the Supreme Court. Before starting practice, I visited Late Justice Ram Manohar Sahai, then sitting Judge of the Hon’ble Supreme Court and sought his guidance and blessings. He was the brother of my father’s friend Late Mr. Madan Mohan Sahai, a leading advocate at Varanasi. Justice Sahai encouraged me a lot and was impressed by my commitment. I would like to express my special gratitude to him.
You’ve handled numerous high-profile cases throughout your career, including those involving Union Ministers and Members of Parliament. Can you tell us about a particularly challenging case that left a lasting impact on you and your career?
Although I have represented many Union Ministers and Members of Parliament, if I am asked to share a case that left a lasting impact on my career, it would be the case of Rajinder @ Tinda, a 16-year-old boy who used to shine shoes in the Chambers Block of the Supreme Court along with his brother Rajpal. He used to shine my shoes daily. One day his brother Rajpal asked me “Sahab aapka Vakalat Padhna mere kis kaam ka?” (Sir, your law degree is of what help to me?). Surprised by his question, I asked him what happened. He then told me that his brother had been arrested by the Delhi Police without any warrant and was being subjected to custodial torture at Civil Lines Police Station, Delhi; and asked me what could be done about it. I immediately drafted a Writ Petition praying for the issuance of a writ in the nature of Habeas Corpus. The Supreme Court summoned The Commissioner of Police, Delhi and ordered the release of Rajinder. This case was reported in several newspapers. I still have a copy of the news published in the Hindustan Times on July 3, 1992. This case opened many doors for me and thus left a lasting impact on my career. 2 accused persons in the infamous JJ Hospital Shootout case in Mumbai contacted me and requested me to represent them in the TADA Court, Mumbai. They said that they had read my name in the newspaper in Rajinder’s case and wanted to engage me. Now, from here I got noticed by a Union Minister who wanted me to represent him in the TADA Court too. He was accused of harbouring terrorists/hitmen of the underworld Don Dawood Ibrahim’s Gang. Then I represented him before various courts, including the Hon’ble Supreme Court.
Who knew that helping Rajinder would open so many avenues for me? One thing that I have learnt from my father is that I handle all the cases with the same passion, irrespective of whether my client is some Union Minister or, a shoe shine boy or bonded labourer.
Serving as the Standing Counsel for the State of Uttarakhand is a significant achievement. Could you describe your experience in the roles and the responsibilities that come with it?
My role as a standing counsel was to argue the matters and not drafting / filing. It is a common practice that a standing counsel is given multiple cases late in the evening, and he/she has to argue them before the court the very next day. Occasionally, I was even handed over the brief just before the matter was about to be taken up. What further tends to make it a challenging task is that you also have to argue cases of your private clients as well. Thus, you have to strike a balance between your private practice and your responsibility as a Standing Counsel of a State. The responsibilities of the Standing Counsel, or in fact any prosecution counsel, increase manifoldly when there is no private counsel for the complainant. Having served as the standing counsel for the State of Uttarakhand has indeed been an enriching experience. One of the significant reported Judgements in which I argued as the Standing Counsel for the State of Uttarakhand was Paramjeet Singh @ Pamma v. State of Uttarakhand 2010 (10) SCC 439. In this case, the Hon’ble Supreme Court heldthatthe evidence of a person does not become effaced from the record merely because he turned hostile, and deposition must be examined more cautiously to find out to what extent he has supported the case of the prosecution. In other words, it meant that, just because the witness has turned hostile, the guilt of the perpetrator cannot be purged.
You have a reputation for taking up pro-bono cases for underprivileged clients. Could you share a memorable experience or case where your pro-bono work made a significant difference in someone’s life?
I would like to share the case of Dharam Deo Yadav v. State of Uttar Pradesh, which was also reported in (2014) 5 SCC 509. Dharam Deo Yadav, a rickshaw puller, who was accused of murdering Diana Clare Routley, a 22-year-old girl from New Zealand who visited Varanasi in 1997. The Supreme Court in the judgement has emphasised the need to adopt scientific methods in crime detection to save the judicial system from low conviction rates. I appeared for Dharam Deo, who was challenging the High Court’s decision awarding him death penalty, holding that the case falls in the “rarest of rare category”. The Supreme Court altered the punishment from Death Sentence to Life Imprisonment for 20 years. The Supreme Court did not consider the case as the “rarest of rare” and therefore did not award capital punishment.
The prosecution’s case primarily rested upon the DNA test and circumstantial evidence. I relied upon a research paper by Yale University that highlighted the unreliability of DNA tests, why they should not be admissible as evidence in the courts and how they were far from foolproof. Another argument was that the case should not be categorized as “Rarest of Rare” on the basis of circumstantial evidence, especially when there was no neutral party to verify the claim of the police that the skeleton was recovered from the house of Dharam Deo, and it was highly probable that the evidence was placed by the police itself.
The case is significant not just because of the nature of the crime alleged, but also due to the various law points discussed in the Judgement such as Crime Scene Investigation, Expert Scientific Evidence, admissibility of DNA test, effect of statement of accused under 313 CrPC, meaning of the term custody, etc. This case was also taught in a Workshop at the National Judicial Academy.
Besides, I have also worked for many bonded labourers, one such case which got published in the newspaper was filed by Subhash
(my client) who somehow managed to flee from the brick kiln in Meerut, U.P. where he and 29 others were being forced to work. The court ordered the SSP (Meerut) to produce before it all the 29 labourers, including 10 women and 11 children. On the next date, the Police brought them to the Court Campus on a bus. They were carrying all kinds of things with them like their cots, utensils and even their goats! The Vacation Bench of the Hon’ble Supreme Court was pleased to release these bonded labourers.
Over the course of your 34-year career, the legal landscape in India has likely evolved. How have you adapted to these changes?
When I started my practice, the technology was not as advanced as nowadays. Typewriters were used by the stenographers and a cyclostyle was used to make copies of the petition. It was very difficult to get to know the status of a case. But in the early 1990s “Courtnic” was introduced. It was a computer system provided by the Supreme Court which could be used to check the case status etc. Back then, each time we had to check the status of the case, we had to pay Rs. 20/-. Now, of course, the technology is so advanced that any layman can easily check the status of any case from the comfort of their home, using their mobile or computer.
Another significant change that has emerged was the emergence of Legal Research Engines. Now with the help of Platforms such as SCC Online and Manupatra, etc., thousands of Judgments and Legal Research materials are available within no time. Earlier we had to go through the yearly digest of important cases and even go through all the journals to find relevant case laws.
Nowadays we are lucky that we can just carry an iPad to the court instead of bulky files, and it is better for the environment too. All these changes have only made our job easier, and it was not at all challenging to adapt to them.
Being a member of the International Council of Jurists in London and the Supreme Court Bar Association, you have a global perspective on legal issues. Can you tell us how these international affiliations have enriched your legal practice?
I have been representing international clients in the Supreme Court of India since the beginning of my career. My first international client was Ms. Pratima Thapar who was from Manhattan. She claimed to be the legally wedded wife of Late Mr. L. M. Thapar, who was a noted industrialist. This case was widely reported in many Newspapers.
I have been a member of the Supreme Court Bar Association since I started practising here.
The Distinguished Membership of the International Council of Jurists was recently bestowed upon me.
Finally, what advice would you like to give to fresh graduates aspiring to make a mark in the field of law, especially those who dream of practising at the Supreme Court level?
My advice to those who dream of practising at the Supreme Court would be to start from the District Level. You need to have a certain kind of foundation that only a trial court can give you. Nowadays everyone wants to practise at the Supreme Court. A great myth I would like to bust is that Trial Court advocates do not earn much. There are many brilliant advocates in Trial Courts who earn as much as, and sometimes even more than what an advocate who practices in the Supreme Court or High Court typically earns.
My second advice to budding lawyers would be: work under a good senior and learn as much as you can from him/her. However, those who are 1st generation lawyers and do not get the opportunity to work in a famous chamber should not be disheartened. This profession is time taking and everyone may not be able to reach glorious heights. You would have to consistently work hard to achieve your goal. Perseverance is the key.
Can you please share the story of how you embarked on your journey in law, from your days at National Law University to opening your own law firm, ‘YHprum Legal’ and establishing your practice in Delhi being a first-generation lawyer?
To start with, I come from a family of engineers and pursuing law was never a consideration during my school time. However, on advice of a family friend, I visited NLU Jodhpur and from there I was intrigued in law (as a probable career option), in the year 2006. I was enthralled by the environment & culture of NLU and after contemplating possible future opportunities in the field of law, decided to appear in the law entrance examination.
At that time, in the pre-CLAT era, each NLUs conducted their own entrance examination. Hence, I appeared for the entrance exams and got selected in the Rajiv Gandhi National University of Law (RGNUL), Punjab in the year 2007 for a five-year integrated B.A., LLB course.
Speaking of initial days at Law school, I must say that it was a whole roller-coaster, from studying different branches of law to participating in Moot court competitions, to preparing research projects and multiple seminar presentations to then applying for internships! With so much to do and learn, those five years went by in a flash and shaped my personality in a way that changed my perspective towards life.
After completing the Law in 2012, I was selected for a prestigious Judicial clerkship in the Supreme Court of India, wherein, I was assigned to the office of HMJ Dipak Mishra (Former Chief Justice of India). While working for the Bench at the highest level for a considerable time-period, later on, I decided to join the litigation and joined the Chamber of Mr. Gopal Jain, Sr. Advocate, Supreme Court of India, as litigation associate thus embarking on my journey in the field of litigation in Delhi.
Being a first-generation advocate and an outsider for Delhi legal circles, I was also inclined to join a Tier-I dispute resolution firm in Delhi for financial stability and professional growth, just like every second lawyer.
The thought of going independent, establishing my own law firm was intimidating and a distant dream at that time. But destiny had different plans and the path was already chosen for me!
After learning some basics of law & litigation at the Chamber of Mr. Jain, I started my independent practice before the Supreme Court, Delhi High Court, and various other tribunals for a few months with limited financial resources, zero clientele at hand and without any support or mentors. As a first-generation advocate, had his own share of struggles and difficulties, and it takes a whole lot of perseverance to survive the initial turbulent years of independent litigation practice.
The only strength that kept me going through that period was the consistent support of my colleagues from the Bar and my law school batch mates and friends, who were practising before different courts across the country and referred briefs to me in Delhi.
I was well aware that starting and running a law firm is not without its challenges, including competition, financial considerations, administrative responsibilities, and the need for marketing and business development.
After gaining some experience as an independent litigator, I, along with my colleague, Akanksha, decided to launch our Law firm, ‘YHprum Legal’, which means “Everything that can work will work”, it is ‘Murphy’ spelled backwards. The motive behind this move was to provide personalized, client-centric legal services, wherein, we can have client-focused practice that prioritizes individual needs and attention, with our expertise.
You’ve had a diverse legal career, working with prominent legal professionals and in various areas of practice. Could you highlight a few pivotal moments or experiences that significantly shaped your legal career?
I must admit that I did not choose the brief/case or court, they were referred to me and I accepted them all with a challenge to perform to the best of my ability.
All the briefs/cases that came my way were from different branches of law. As an independent litigator, you don’t really have an option of choosing the briefs or the area of practice. Fortunately or unfortunately, since the beginning of my litigation career, I had the opportunity to appear before different courts and forums, i.e., Supreme Court, Delhi High Court, and district courts, NCDRC, TDSAT, APTEL, CERC, NGT, NCLAT, NCLT, Arbitral Tribunals etc.
Appearing before a specialised Tribunal, such as APTEL, TDSAT, NCLAT & NGT, helped in expanding my horizon and understanding of the subject matter.
Highlighting a few cases that played a significant role in shaping my diverse legal career, naming a few of those, are as follows:
One of the intense legal battles that I was part of, TDSAT, was hearing AGR dues case wherein all the telecom companies challenged the validity of levy of license fee by TRAI, which was ultimately decided and settled in the Supreme Court. This intense legal battle has made me understand the nuances of telecom law.
Another case pertained to cancellation of AIPMT due to large scale irregularities in which a historical judgement was delivered by the Supreme Court by cancelling the examination on our plea.
Then, a large-scale irrigation project in the state of Telangana was also challenged by us due to violation of various environmental norms before the National Green Tribunal and subsequent to the Supreme Court;
I had the opportunity to work on the Ansal brothers (Uphar cinema fire) case, on quantum of sentence before the Supreme Court along with legal tycoon, Late Sh. Ram Jethmalani, the case preparation had forced me into sleepless nights.
In the Supreme Court the national newspaper were faced with contempt proceedings for non-implementation of Majithia wage board recommendation, wherein, we had to justify the non-action by the client and difficulties to implement to the committee report ;
I had been part of numerous mining lessees matters under the MMDR Act arising out of the state of Goa, wherein, the State Govt. had terminated the lease deed of various mining lessees due to non-compliance of Supreme Court direction in the landmark Goa foundation judgement.
Post cancellation of Coal blocks by the Supreme Court, various mining lessees had to fight hard for deemed renewal under Section 8A of the MMDR Act in various High Courts i.e. Delhi, Odisha and Jharkhand.
Recently, we were representing home buyers before the Supreme Court on application of MOFA Act and RERA in relation to deemed or blanket consent for additional structure to be constructed by the Builder.
One of the highly contested litigation is the effective implementation of All India Quota in PG courses for AIPMT/NEET aspirants, which we keep doing as and when the situation arises.
The above list is just an indication, wherein, the dispute or the judgment had made significant impact by laying down legal principles of constitutional importance.
As the founder and managing partner of ‘YHprum Legal’, you handle a wide range of cases, including arbitration, civil and criminal litigation, and commercial disputes. Can you tell us about a particularly challenging case that you’ve worked on and the lessons you learned from it, especially during COVID time?
The firm was founded in the most turbulent times that the world was seeing at that time, the COVID Pandemic. Due to the national lockdown wherein the courts were also shut, we were facing a complicated and unimaginable situation, the Indian Courts were embarking a new tech-era through virtual hearings and e-courts across the country.
Our advisory work during lockdown increased exponentially, wherein, we were answering numerous legal queries regarding the effect of lockdown on the clients’ cases and business. The notifications issued by RBI for moratorium and by local governments in relation to rental payments and employee payments required interpretation by the Courts. All pending arbitration were made virtual or adjourned indefinitely. The limitation period was extended by the Supreme Court. There was a sudden death in regular appearances due to adjournments and sudden fall in fresh matters filing.
It became difficult to get relief in regular pending matters due to non-listing. We had multiple arbitration proceedings pending at various levels in different courts or arbitral tribunals and clients were getting restless due to decline of urgent hearing or relief by the Courts. It took a while for us to settle down and make peace with the lockdown and its aftermath.
The Supreme Court passed an order for the release of under trials which created havoc across the country for the execution. We had to approach the Supreme Court through IA for implementation of the order in favour of our clients due to reluctance shown by the local authorities and Courts. Due to a sudden health emergency, we had to approach different Courts for regular and anticipatory bails for our clients, which at that time was a herculean task. Our existing clients were seeking legal opinion on application of force majeure on a daily basis. All physical meetings shifted to virtual meetings, which now have become a norm in our office.
The ever-changing regime of arbitration has become a major challenge for all of us. Every day the Courts are coming with different judgments with reference to interpretation of the Arbitration act provisions. The recent Constitution bench judgment on the stamping of the arbitration agreement and followed by a detailed judgement of Delhi High Court in the NHAI case had changed the scenario overnight. The IBC, 2016 being a new law is getting a makeover on a daily basis, which has become a different game altogether.
Representing homebuyers, post the enactment of the RERA, IBC and new Consumer Protection Act, 2019 had caused unwarranted confusion among the homebuyers about their status and forum hunt for appropriate relief. The Supreme Court judgments on anticipatory bail have no universal application and each bench has their own set of rules and consideration, which put the advocates in a perplexing situation to make clients understand if bails are getting rejected by the SC. A new phenomenon of putting strange bail conditions in matrimonial matters is making our work harder to get relief for our clients.
Each case has its own merits and demerits, and we are learning with each brief that is coming to us. In my more than eleven years of journey into litigation in Delhi, every appearance has been a learning experience, though sometimes we won our battle and sometimes lost it. But each brief leaves memory and is an experience, which motivates us to work harder, smarter and faster making survival possible in this continual race of successful litigators with client satisfaction.
In addition to your legal practice, you also serve as a judge for international moot court competitions. How has this experience influenced your perspective on legal education and advocacy?
During my law school, I had participated in a few moot competitions in which I played the role of a speaker as well as a researcher. I then realised that being a speaker in the moot competitions is not really my cup of tea and I was more comfortable in research & drafting. However, as an advocate, although initially I was hesitant to judge the moot competitions but eventually started enjoying the whole process of interacting with the participants and guiding them further. I had the honour to judge the international rounds and national rounds of the Jessup moot competition multiple times. I have now participated almost in every international moot court competition either as an arbitrator or judge viz., Willem C. Vis Moot (Vienna & Hong Kong), ICC trial, Frankfurt Moot, FDI Moot, Cross Examination Moot and various pre moots across continents.
During my journey as a judge for various international moot court competitions I had learnt various aspects of international law, commercial arbitration, investment law, international criminal law etc. Due to my extensive representation in different international moots, I am receiving multiple requests for support and assistance as a coach by different law (domestic and international) schools regularly, thereby complying to most of the requests.
I firmly believe that participation in such competitions is necessary for the law students during their law school because it would eventually help them in preparing for the art & craft of advocacy.
I think Indian legal education needs a revamp to realise the current reality and the same cannot be restricted or limited to bookish knowledge. The new emergent legal regime such as crypto currency, bitcoins, data protection, sports law, privacy law, AI, online ADR and emerging new technology needs to be taught in law school as part of their curriculum. The legal regime is changing with the speed of light and therefore, the law schools also need to catch up with the same to be at par with the real-time advocacy.
Your practice covers a wide array of areas, including constitution, arbitration, commercial disputes, and more. Is there a specific area of law that you find particularly fascinating or challenging, and why?
As you rightly mentioned, I have a whole diaspora of practice while appearing for my clients before various courts and forums. As I stated earlier, I had not selected my cases or had the privilege to select my clientele, therefore, it is very difficult to now admit or say which branch or specific area of law I find fascinating. But I can now confess, my most favourite part is appearing before the Supreme Court.
In the Supreme Court, the advocates are like all-rounder players who draft a wide range of petitions i.e., special leave petitions, writ petition, transfer petition, arbitration petition, civil and criminal appeals and sometimes contempt petition and review petitions.
To answer the question, commercial litigation before any Court or Tribunal fascinates me as I find it exhilarating. Now after spending a good number of years in litigation, I had realised that arbitration matters, IBC related matters and disputes arising out of special laws i.e. RERA, Electricity Act, Telecom Law, and Consumer Protection are always challenging.
You’ve represented clients in various high-profile cases, including matters related to home buyers, sexual assault victims, and constitutional validity. Could you share some insights into the strategies and approaches you employ in handling such sensitive cases?
The term ‘high-profile’ cases has no meaning in actual litigation. Every case is high profile for us. Our work strategy or approach is not different due to involvement of a high-profile individual or big amount. I had recently, represented a victim of gang rape before the Supreme by filing cancellation of bail application. The details of the case had shocked our conscience. We were shocked to see that the identity of the victim is disclosed everywhere by the local authorities, Trial Court and the High Court. We had to seek specific direction from the Supreme Court to redact her name from all court records.
Introduction of RERA and IBC has changed the legal scenario. While appearing in RERA, we had a different strategy in place if a case needs to be filed in UPRERA or HRERA. We prepared a ‘to do’ chart from filing till final grant of relief. The orders of RERA are paper decree and need special litigation strategy for enforcement, sometimes by approaching the High Court. We are representing home buyers under IBC, at different stages of the Insolvency before various NCLTs. The Supreme Court, post Judgement in Amrapali and post constitutional validity of the IBC, had settled law to certain crucial issues in favour of the home buyers, which eventually led to multiple litigation also. The challenge to constitutional validity of CAA is still pending in the Court, therefore, it would be difficult to divulge into that in more details.
There is no specific strategy or approach while handling sensitive cases. The facts speak for themselves, we make sure all facts are verified through documents and correctly represented in our drafts before filing. Our work is very client centric, wherein, we update our client about regular court proceedings as well our line of action. We believe that the client is first & foremost and it is ensured that the client is heard properly and advised as per law, to the best of our ability.
As a writer and columnist for legal publications, you have a keen interest in legal commentary. Are there any current legal issues or trends in India that you find particularly noteworthy and would like to share your perspective on?
I am quite inquisitive about the Supreme Court Judgements and make sure that in my free time I read them and if possible, share my views through social networking or by writing articles or commentary.
The recent development in the arbitration law is worrisome and will work against our country’s official position of being an arbitration friendly nation. The judicial interference or intervention in arbitration matters especially in Section 34 and 37 proceedings needs a revisit by the legislature.
At times, the Supreme Court judgements/orders are contrary to already settled legal positions and passed by ignoring the previous precedents which is a dangerous proposition.
The decision of the Constitution bench in the demonization case had set a wrong precedent by going against the settled legal position in relation to RBI’s power and involvement of the Central Government by announcing the same in hurry without any application of mind.
The Maharashtra CB Judgement had failed to lay down any legal position and indirectly supported and gave a stamp of approval for dethroning an elected government by money power.
I firmly believe that the State should not enter into the personal space of an individual and privacy must be respected as per the scheme of the Constitution.
The Supreme Court refusal to hear cases of individual liberty and matters of national importance has created a doubt on authority of the Court. I feel that the Supreme Court cannot be a CJI centric Court and the administrative side also needs to be run through a consultation process of the senior most judges. The ‘Master of the Roaster’ power given to the CJI must be reviewed and individuals cannot be given an absolute power, which can compromise integrity of the Institution.
I must laud the various measures taken by the current CJI DYC for making the court more litigant centric and approachable for a common man. The virtual hearing needs to be made permanent and not optional on behest of the Court. The litigant and advocate must be given the right to choose how they want to appear in the Court.
The enactment of the Mediation Act and Digital Protection Act and establishment of different arbitration centres across the country is a welcome step in the field of law.
Given your extensive experience in the legal field, what advice would you offer to recent law graduates who are starting their legal careers, especially those interested in litigation and dispute resolution?
I consider myself as a student and try to learn everyday through different modes. Despite spending a considerable time in litigation and dispute resolution, I still go to the Court just to hear the arguments of the Counsel, whenever some important matter of national or constitutional importance is going on. I had also enrolled myself for various mentor mentee programs offered by multiple platforms. I interact with law students and share my experience with them by telling do’s and don’ts before entering litigation with my little experience.
In today’s AI centric world, the legal profession is also not immune from its impact. Adoption of technology and usage of social networking is a key to survival for a better future to all those who are planning to enter this profession. Young lawyer’s must do networking and interact with their seniors and colleagues in the profession for guidance.
All those who are planning to enter litigation as a first-generation lawyer or an outsider, start networking from college days itself and try to get internships from those places wherein you seek future opportunity post law school. Get accustomed to technology and AI and try to be updated with the latest legal news around you. If you are curious and patient, you will surely survive in this profession.
I feel that Delhi as a place for advocates is full of opportunities and there is work for everyone, even though the competition is tough, the best will survive and grow gradually. Patience, perseverance, optimism and inquisitiveness are the key factors for survival in the litigation.
Lastly, considering your diverse legal background, what are your future aspirations or goals in the field of law, and how do you plan to continue making an impact in the legal profession in India?
We are growing gradually with help and assistance from all our well-wishers. Our aim is to continue making a difference in people’s lives through our legal work and assist all our clients to get them appropriate relief effectively.
I am planning to continue my contribution to legal education and advocacy by teaching law students in law schools and writing on legal issues to advance knowledge and promote legal research and writing.
I will continue to promote alternative dispute resolution (ADR) as an alternative to resolving issues through mediation and arbitration which can help reduce the burden on courts and promote quicker, cost-effective resolution of disputes for everyone.
I am a firm believer of sharing legal knowledge by teaching and mentoring law students and young lawyers which will ultimately help shaping the future of the legal profession.
Can you share with us the pivotal moments and motivations that led you to pursue a career in law, from your academic achievements to your early experiences in the legal field?
Being born into a lawyer’s family, it was more likely that I would end up being a lawyer. However, apart from occasionally taking dictation from my father for his court matters, my exposure to law and litigation was quite limited. I was more inclined towards mathematics in school, which led me to pursue B.Com (Hons.) from Delhi University. My interest in law only piqued towards the fag end of my graduation when my interest in accountancy slightly waned. That is when I decided to join Campus Law Centre, Faculty of Law, Delhi University and study law. I truly embraced law only when I joined Luthra & Luthra Law offices after my graduation, where I got an opportunity to work on several high-profile disputes, connect with some of the brightest minds and occasionally enjoy five-star luxuries. Gradually, in the course of my journey, I have realised that a career in law apart from being a very effective vehicle for service to society, is equally remunerative and rewarding, and offers enough space and time to pursue other intellectual hobbies and interests as well. In hindsight, I feel I made the right decision to pursue a career in law as I could have never done a 9 to 5 job, or a regular government job. Being self-employed and creating job opportunities for others is very fulfilling and exhilarating at the same time.
You started your career at Luthra & Luthra Law Offices and then transitioned to independent practice. What were the key lessons you learned during your initial years in the legal industry, and how did it shape your decision to go independent?
Nearly a year that I worked with Luthra & Luthra was very rewarding and has stood me in good stead during all these years. It was there that I learnt to burn the proverbial midnight oil. On several occasions, after working the whole night, it would only be in the wee hours of the morning that I would come back home. Seeing the hierarchy of lawyers there classified as associates, senior associates etc., I realised that one cannot be in a secure environment for too long and the real challenge in law is to start independent practice. My father being a designated Senior Advocate also played a significant role in this decision. But he made it quite clear to me that your pedigree can only last you as long as you are able to satiate your clients and deliver results. Fortunately, quite early in my legal career, I understood that there are 100 lawyers pursuing 10 clients and that there is going to be stiff competition. And it is only sheer hard work that sets you apart from others. It also taught me to accept both good and bad with equanimity.
As an independent practitioner, you’ve worked on a wide range of cases, including arbitration, complex contract litigation, and various other areas of law. Can you share one particularly challenging case that tested your skills and knowledge and what you learned from that experience?
While there are many such cases and each case teaches you something new, I have a predilection towards my first case as an independent practitioner where I appeared before the Saket District Court and successfully argued a domestic violence matter filed against my client. I remember how I had gone fully armoured with three sets of case law and written notes of arguments and the other lawyers in the courtroom were quite astonished to see this level of preparation for an admission hearing, but that preparation kept me afloat and served me well. I was also commended by the learned Judge for my arguments who took me for a seasoned counsel. This experience taught me that no amount of preparation is too much and one should be fully conversant with the facts of the case supplemented by knowledge of the latest precedents on the subject. I cannot help but mention one of my first arbitrations in a tender matter for a PSU, which was one of the most fulfilling experiences in terms of the knowledge and skills that I acquired. More importantly, that case instilled a lot of self-belief and confidence in me. Another case close to my heart is one before the Orissa High Court where I resisted a petition for termination of the mandate of an arbitrator. I had to really think on my feet for that matter and pull a rabbit out of my hat. It is also true that every time you read a brief, you see a different angle to it and learn something new. Therefore, it is very important to read and re-read your brief.
Your involvement in the ‘ONGC vs. Afcons Gunanusa JV’ case was significant. Could you elaborate on the key aspects of this case and how it influenced your expertise in arbitration and the interpretation of the Arbitration & Conciliation Act, 1996?
The ‘ONGC vs. Afcons Gunanusa JV’ case was the consequence of looming uncertainty and opacity about the fixation of arbitration fees in ad hoc arbitrations in India. Though the Supreme Court in ‘NHAI vs. Gayatri Jhansi’ had upheld the agreement between the parties on arbitration fees as binding, no party dared to cross Lakshman Rekha of suggesting an appropriate fee to the Arbitrators. The Supreme Court finally laid rest to the fee conundrum in ONGC Afcons case and passed necessary directions on determination of arbitration fees; It particularly held that the Arbitral Tribunal does not have power to fix its own fees unilaterally and that the fees must be fixed at the inception of the proceedings to avoid unnecessary litigation and conflicts at later stage. This was truly a watershed case for me in many ways. The learning and lessons from assisting the then Attorney General for India, Mr. K.K. Venugopal, are for a lifetime; the opportunity of appearing before a Bench headed by the present Chief Justice of India and consisting of two future Chief Justices of India so early in my career; the satisfaction from intensive study, research and drafting and the sheer delight of participating in a landmark case is quite overwhelming. It taught me the single most important lesson- that a lawyer never ceases to be a student and it is essential to keep educating and updating oneself. More than the expertise in arbitration, it showed me how to develop command and competence in any branch of law.
You mentioned your academic background in commerce, which provides you with the ability to decipher complex financial statements and transactions. How has this background been beneficial in your legal career, especially in cases involving financial matters?
I honestly believe that background in commerce is helpful particularly when you are handling heavy stake arbitration matters. In any commercial dispute, there are two important aspects to the case: firstly, the party who is in breach and secondly, the measure of damages. It is the latter aspect, when you go into the proof and quantification of damages, i.e. financial claims, interest on capital, vouchers, ledger accounts, balance sheets, auditor’s report running into thousands of pages, that the knowledge of commerce comes in handy. I know quite a few brilliant lawyers who are not able to decipher basic P&L Account statements. I therefore recommend everyone to take a crash course in commerce, even if one has not pursued it at graduation level.
You’ve authored articles on a wide range of legal subjects. Could you share one article that you are particularly proud of and explain why it’s relevant in the legal landscape today?
Honestly, at the school level or college level, I never had any occasion or inclination to write any article. In fact, it was a very dear friend of my father-a retired bureaucrat, who motivated me to write even before I became a lawyer. He was editing a magazine in the early 2010s and gave me a platform to publish my articles. But out of the 25-30 articles that I have authored so far, it is very difficult to pinpoint one, yet I will pick my article ‘Suo motu cognizance: A panacea or a predicament?’ that was published in ‘Bar and Bench’ during the first wave of Covid. I honestly believe that this article continues to be relevant even today and ought to kindle more debate and discourse. I had received a great deal of appreciation for that piece of writing from many retired judges, senior counsels and colleagues.
Your experience involves working with various PSUs and handling different areas of law. How do you balance the diverse needs and legal challenges posed by your clients in the public sector, and what strategies do you employ to provide tailored solutions?
Dealing with PSU clients, as a matter of fact, is much more challenging than dealing with a private client and there are several reasons for this. In a PSU, there are various departments, namely marketing, finance, contract & procurement, HR etc. headed by a particular officer. At times, they are working at cross purposes unknown to them. If a dispute erupts against a contractor, all departments are interacting with the contractor speaking in different voices and tones; The process of harmonisation becomes a challenge. There is a vigilance angle in every case; you have to be doubly cautious while drafting pleadings for them. Unlike a private company, RTI applies to PSUs, any suppression or misstatement can land you in a soup. Remuneration is also meagre compared to private clients, but yet it is a delight to appear for PSUs because by and large the officers are upright, sincere and very well-educated and committed as well, although public perception is somewhat different.
Finally, what advice would you give to fresh law graduates who are just starting their careers in law? What skills and approaches do you believe are crucial for success in the legal profession, particularly in the context of your areas of expertise?
All that I would wish to say is that there is no substitute for hard work. I also maintain that a brilliant person may fail, but a hard working one can never fail. Proficiency in written and spoken English cannot be overemphasized. Of course, honesty and integrity are an absolute must, particularly when dealing with PSU clients. In a way, the legal profession requires no different skills than you would need in any other profession. It is hard work and honesty, coupled with a little bit of luck and maintaining level headedness and an affable demeanour throughout that will succeed.
